Consumer complaint received 2024-04-29
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: Nelnet, Inc. (TX)

In XX/XX/XXXX, I attended a school named the XXXX XXXX XXXX XXXX  out in XXXX XXXX. This school filed bankruptcy. Therefore all of the schools debts have been discharged and I have not received my copy B of 1099C. Not only have I not received the information to properly do my federal income tax, but this information is being adversely reported on my credit report and has been since XXXX. I have done everything in my power to rectify this matter and stay in compliance yet the department of education And Nelnet have not updated the information on my credit report. 

Per, the Family Educational Rights and Privacy Act ( FERPA ). The Family Educational Rights and Privacy Act ( FERPA ) is a federal law enacted in XXXX that protects the privacy of student education records. FERPA applies to any public or private elementary, secondary, or post-secondary school. 20 USC 1232g ( b ). 
This information wasnt even supposed to be reported on my credit report however, it has been for the last 11 years which has resulted in my credit, score, being tanked for years. This has seriously caused me a lot of mental anguish, XXXX, and XXXX XXXX because I have not been able to advance my life in any kind of way because this is the oldest account on my credit report and has severely stopped me being able to get services on my credit. This has been on my credit report when I was XXXX XXXX XXXX. I am now XXXX and it remains on my credit report reporting adverse information which is illegal. Per the fair credit reporting act, it states : 15 U.S. Code 1681 - Congressional findings and statement of purpose a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 4 ) 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. 
( b ) Reasonable procedures It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. 

This information is not accurate especially since the company has filed bankruptcy and filed a 1099C in my name which I never received a copy of. Not only that pursuant 15 usc 1681b under Permissible Purposes of Consumer Reports, my written consent was needed to add anything to my consumer credit report, which I never gave the department of education, Nelnet or the school that filed bankruptcy. Another law Id like to reference is : 15 U.S. Code 1681c - Requirements relating to information contained in consumer reports Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information : Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. 
No adverse item besides the conviction of crimes should be on my report any item that is a derogatory mark is not allowed into my consumer reports this is another violation. 

I am requesting the ORIGINAL MASTER PROMISSORY NOTE which I have requested multiple times and have not received. I am NOT requesting that this information be removed from my credit reports but be updated to paid in full and never late! As well as the reporting of all adverse information such as late payments be updated to paid on time! I am also requesting copy B of any 1099 As or Cs filed in my name so I can stay in compliance With the IRS. 

The Law Referenced below states if Department of Education XXXX Nelnet continue to willfully non-comply I am entitled to {$1000.00} or more and Actual Damages. 

15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or I hope we can rectify this situation and any legal proceedings can be avoided such as Federal Arbitration or auditing of my Records with the Department of Education and Nelnet