Consumer complaint received 2024-06-02
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: EQUIFAX, INC. (GA)

Dear Consumer Financial Protection Bureau, I am writing to file a formal complaint and issue a cease-and-desist order against the U.S. Department of Education XXXX Equifax XXXX XXXX, and XXXX for multiple violations of federal laws and regulations.

The U.S. Department of Education tried to collect on a dischargXXXX debt for some time before granting me a XXXX discharge in XXXX. Despite correctly listing the account status as " Paid as Agreed, '' they continue to report the debt negatively on my credit reports, which is inaccurate and unnecessary for a charged-off account. According to IRS regulations, such discharged debt can not be reported as income. Furthermore, the U.S. Department of Education has failed to provide me with a 1099-C for the cancelled debt as required by law. This failure to comply with IRS reporting requirements and the misreporting of my account are clear violations of federal statutes. Attached is a copy of the 1099-C which I personally filed for the U.S. Department of Education . 

I am also alleging violations of the Family Educational Rights and Privacy Act ( FERPA ) by Equifax, XXXX, and XXXX, as well as the U.S. Department of Education. FERPA is a federal law designed to protect the privacy of student education records. Below are specific instances where I believe FERPA violations have occurred : 1. Unauthorized Disclosure of Educational Records : Equifax, XXXX, XXXX, and the U.S. Department of Education, as entities handling educational records, have disclosed private educational information without my explicit consent, violating FERPA principles.

2. Lack of Disclosure Option Information : The U.S. Department of Education failed to inform me of my right to exercise nondisclosure options regarding nonpublic personal information, a requirement under 15 USC 6802 ( b ) ( c ) and a violation of FERPA principles. 

3. Reporting Adverse Information Without Consent : The aforementioned entities are reporting adverse information related to my educational records without my consent, contradicting FERPA 's mandate against such disclosures, as stated in 15 U.S. Code 1681C ( a ) ( 5 ).

4. Accuracy of Information : Violations of FERPA occur when a person knowingly furnishes inaccurate information related to a student 's educational records, as specified in 15 U.S. Code 1681s2 ( A ) ( 1 ). I have reason to believe that the information reported is inaccurate. 

5. Failure to Maintain Reasonable Procedures : Equifax, XXXX, XXXX, and the U.S. Department of Education, as entities handling educational records, are obligated under 15 U.S. Code 1681e to maintain reasonable procedures to avoid violations and limit the furnishing of consumer reports. It appears that they have not met this standard.

6. Opt-out Rights : According to 12 CFR 1016.7, a consumer has the right to opt out of reporting services at any time. I am officially exercising my right to opt out of the reporting services provided by these entities.

I hereby demand that U.S. Department of Education along with Equifax, XXXX, and XXXX immediately delete the account related to me from their records and cease all further reporting to Equifax, XXXX, and XXXX. This cease-and-desist order is issued in accordance with federal laws and regulations governing consumer rights and privacy. I am seeking an investigation into these alleged violations and request appropriate action to address the issues raised. For more information, please do not hesitate to contact me at ( XXXX ) XXXX or XXXX. Thank you for your attention to this matter.