Consumer complaint received 2023-02-13
Product: Student loan — Private student loan
Issue: Dealing with your lender or servicer — Keep getting calls about your loan
Company: AES/PHEAA (PA)

As of XX/XX/3, PHEAA/AES has engaged in sending more than a combination of XXXX separate digital communications or physical communications either via US Postal Mail or email, separately since the payment went past due on XX/XX/2023. These communications only pertain to XXXX balance on the account. Instead of including multiple loan sequences in XXXX notification, PHEAA/AES has been sending the same notice about XXXX balance being past due but including separate loans in each communication. I have warned the company on many occasions to desist with this behavior, but they continue to deflect and deny any wrongdoing. I have issued XXXX final warning before I decide to file suit against their agency for extreme misconduct and a breach of my right to be free of harassment. There are no places within any contractual agreement that it states they have the free right to annoy consumers because their loan becomes past due nor does it state they have free reign to send as many notices as possible. This is a demand that only XXXX notice be sent whenever a payment becomes delinquent. The timing is of no consequence, however, only XXXX notice either electronic or physical ( XXXX separate to both cosigner and borrower ) should be necessary. If PHEAA believes they are bound by their policy, they need to engage their counsel on the rules of communication. These might be just some of the reasons behind the company 's demoralizing conduct and the reason why the Federal Government really has no interest in doing business with them from a prolonged standpoint. 

The Debt Collection Rule prohibits certain communications and attempts to communicate with a consumer in connection with the collection of a debt. For example, it generally prohibits communications with a consumer at inconvenient times or places, after a consumer has refused to pay, or after a consumer has requested a debt collector to cease communications. 
Additionally, it generally prohibits a debt collector from communicating or attempting to communicate with a consumer at the consumers workplace if the debt collector knows or has reason to know that the consumers employer prohibits the consumer from receiving such communications. Similarly, it generally prohibits communications with a consumer if the debt collector knows the consumer is represented by an attorney. 12 CFR 1006.6 ( b ) and ( c ). 
For purposes of these prohibitions, which are discussed in this Section 4, a consumer includes not only the natural person who is obligated or allegedly obligated to pay a debt but also that natural persons : ( 1 ) spouse ; ( 2 ) parent ( if the natural person is a minor ) ; ( 3 ) legal guardian; and ( 4 ) confirmed successor in interest.6 If the natural person who is obligated or allegedly obligated to pay the debt is deceased, the term consumer also includes the executor or administrator7 of the natural persons estate as well as the natural persons surviving spouse, surviving parents ( if the natural person was a minor ), and confirmed successor in interest. 12 CFR 1006.6 ( a ) ( 1 ) - ( 5 ) ; comments 1006.6 ( a ) ( 1 ) -1, ( a ) ( 2 ) -1, and ( a ) ( 4 ) -1. 


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