Consumer complaint received 2024-04-17
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: Experian Information Solutions Inc. (IA)

I am contacting you regarding errors, inaccuracies, and violations relating to defaulted and transferred XXXX  loans currently appearing on my XXXX major credit reports Experian, XXXX, and XXXX. I am disputing the following items appearing on my credit report, along with specific reasons for this dispute. Therefore I am asking for the following items to be removed and updated as set by law according to the Family Educational Rights and Privacy Act ( FERPA ) ( 20 U.S.C. subsection 1232g ( b ) ; 34 CFR Part 99 ) a federal law enacted in 1974 that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. 
XXXX XXXX XXXX XXXXXXXX, XXXX, and XXXX XXXX XXXX XXXX XXXX show the date of last activity of XXXX  loans reported as XX/XX/XXXX. 16 CFR 313.7 states I have the right to Opt Out and 15 U.S.C. 1681e states Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681e of this title and to limit the furnishing of consumer reports to the purposes listed under 1681b. According to the Fair Credit Reporting Act 15 U.S.C. 1681 section 602 ( a ) states There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. 
XXXX, Experian, and XXXX are consumer reporting agencies and I am the consumer. I have the right to make sure my private information is not shared, which is backed by 15 U.S.C. 6801 - 6805. These errors and violations should be removed from my credit file and updated. 
XXXX XXXX XXXX XXXX XXXX  ( XXXX  ), XXXX, the US Department of Education, and XXXX XXXX XXXX XXXXXXXX have violated the Family Educational Rights and Privacy Act ( FERPA ) laws, by reporting charge-offs and certificates of indebtedness that are considered income to the XXXX major credit reporting agencies. Late payments ( XXXX total months ), and utilization on the following accounts : XXXX, and XXXX. Reporting transaction history is illegal and I ask for these accounts to be removed. 15 U.S.C. 1681 section 604 ( a ) section ( 2 ) states that In general subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : per the written instructions of the consumer to whom it relates. 
The US Department of Education XXXX XXXX XXXX, XXXX XXXX  XXXX XXXX, XXXX, and the consumer reporting agencies XXXX, Experian, and XXXX do not have my consent to furnish this information. They surely do not have my written consent. Any consent to XXXX, Experian, XXXX, XXXX, XXXX XXXX XXXX XXXXXXXX, and XXXX XXXX XXXX XXXX ( XXXX ) whether verbal, non-verbal, written, implied, or otherwise, is revoked. Any utilization should stop being reported on my credit report per 16 CFR 313, 433. ( 2 ) ( 3 ). 15 U.S.C. 6802 ( b ) ( C ) states that A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. 
( XXXX ) is a third-party debt collector and 15 U.S.C. 1693 Electronic Funds Transfer Act prohibits these violations. Schools may disclose, without my consent, directory information such as students name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. However, schools must tell parents and eligible students about directory information and allow eligible students a reasonable amount of time to request that the school not disclose directory information about them. Schools must notify eligible students annually of the laws under FERPA. The actual means of notification consist of ( a special letter, inclusion in a PTA bulletin, student handbook, or newspaper article ). 
15 U.S.C. 1681s-2 ( A ) ( 1 ) A states A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 15 U.S.C. 1681 ( e ) states Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681 ( b ) permissible purposes of this title. 
Enclosed is a copy of documents showing that the items listed are obsolete. Please reinvestigate my account by contacting me in addition to the furnishers of this information along with forwarding this letter and all relevant enclosures to the reporting company and a copy to me for confirmation of your action. Please do not merely contact the company electronically without providing a copy of this letter and all relevant enclosures. 
It is my clear understanding that you are required to maintain strict procedures to ensure that whenever public record information, which is likely to hurt a consumer report, is to be complete and up to date. Please complete your investigation within 21-30 days as permitted by law and mail the results to me. If not resolved I will have no other option but to hire a law firm on my behalf and contact the Federal Trade Commission ( FTC ) and XXXX XXXX XXXX ( XXXX  ) to enforce consumer rights under the FCRA and seek all possible remedies and damages. 
Enclosures : Proof of identity, copy of account statement showing fraudulent items, My Credit Report with information to be corrected