Consumer complaint received 2023-12-21
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. (NV)

I am writing to express my profound disappointment with your response to my dispute regarding the alleged late payment in my credit report. In your reply, you asserted that the alleged transaction in question has been validated. However, I must emphatically state that you have failed to provide any substantiated proof that this alleged transaction was indeed late. In the letter I previously sent, I raised significant issues concerning the unauthorized reporting of my personal information on my consumer report, which is a clear violation of federal laws designed to protect consumers like me.

I am protected under 15 USC 1681a ( 4 ), which grants me the right to privacy and implies that my non-public information should remain confidential per 15 USC 1681 ( b ). But this information was not confidential because an unauthorized user had access to my account and was using this account on my behalf. The unauthorized reporting of my information on my consumer report constitutes a severe breach of my rights and undermines the trust I placed in your institution. 

Furthermore, in accordance with 15 USC 6801, the Privacy Obligation Policy mandates that every financial institution has an ongoing duty to respect its customers ' privacy and safeguard the security and confidentiality of their non-public personal information. It has come to my attention that XXXX XXXX has not fulfilled this obligation, thereby infringing upon my right to privacy. 

The Financial Institutions Safeguards, as outlined in section 6801 ( a ), require each agency to establish appropriate standards for financial institutions under their jurisdiction. These standards encompass administrative, technical, and physical safeguards to ensure the security and confidentiality of customer records and information, but this was not done because an unauthorized user got access to my account and used my information as if I was the person. The Security are designed to protect against anticipated threats or hazards to the security or integrity of such records and guard against unauthorized access or use of such records or information.

My concerns have been further exacerbated by the fact that my non-public personal information has been reported to consumer reporting agencies, particularly considering the numerous data breaches these agencies have experienced. This not only constitutes an inconvenience but also a clear violation of 15 USC 6801 ( b ) ( 3 ). 

Moreover, 15 USC 6802 outlines the disclosures that financial institutions should provide consumers with before reporting any information. I have yet to receive disclosure A, B, or C, as required by 15 USC 6802, from XXXX. As a result, I am formally renewing my request for all required disclosures as per 15 USC 6802. 

15 USC 6802 ( a ) makes it clear that a financial institution may not disclose nonpublic personal information to a non-affiliated third party unless the consumer has been provided with a notice that complies with section 6803. Similarly, 15 USC 6802 ( b ) states that a financial institution may not disclose nonpublic personal information to a non-affiliated third party unless the consumer has been given the opportunity to opt out of such disclosure It is my firm belief that your validation of this information is in direct violation of the federal laws designed to protect consumers like me. Specifically, I refer to 15 U.S. Code 1666b, which governs the timing of payments. This law stipulates that a creditor may not treat a payment on a credit card account as late for any purpose unless they have adopted reasonable procedures to ensure that each periodic statement, including the information required by section 1637 ( b ), is mailed, or delivered to the consumer not later than 21 days before the payment due date.

For you to treat a payment as late, it is incumbent upon you to provide evidence that the following conditions have been met : The information required under 15 USC 1637 ( b ) was mailed out or delivered to the consumer 21 days before the payment due date. Please furnish proof that this information was indeed mailed out or delivered within the specified timeframe.

15 USC 1637 ( b ) contains specific requirements regarding the information that must be provided to the consumer. It is essential that you verify that all the required information was included in the communication sent to me.

You have a period of 10 days to provide me with all the necessary information to substantiate your claim.

By verifying the information as you have done, you are asserting that you possess the documentation sent or mailed to me 21 days before the statement date. It is also implied that you hold a copy of all the information outlined in 15 USC 1637 ( b ) and the certified mail tracking number that confirms the delivery of this information to me as the consumer, 21 days prior to the statement date for this specific account.

Considering this, I hereby formally request a copy of the information detailed in 15 USC 1637 ( b ) and the tracking number that was utilized to confirm the delivery of this information to me, the consumer, within the stipulated timeframe. 
Moreover, 15 U.S. Code 1681i outlines the procedures to be followed in case of disputed accuracy. Subsection ( 5 ) ( A ) states that if, after any reinvestigation of disputed information, an item is found to be inaccurate, incomplete, or unverifiable, the consumer reporting agency shall promptly delete that item of information from the consumer 's file or modify it accordingly. The agency must also promptly notify the furnisher of that information that has been modified or deleted from the consumer 's file.

It is evident that your verification of the late payment information raises serious questions about its accuracy. I expect that you will take immediate action to rectify this issue by either deleting or modifying the disputed item as per the requirements of the law.

In conclusion, I am deeply concerned about the potential harm to my credit profile resulting from this inaccurate reporting. I am also aware of the fraudulent accounts that have been opened in my name, and I hold you accountable for any inaccuracies in my credit report.

Furthermore, I have identified companies that have reported late payments inaccurately, as well as inquiries that require removal from my credit report. I must insist that you promptly address these matters and take corrective action within the confines of the law. Failure to do so will leave me with no alternative but to pursue legal action to protect my rights and seek the remedies to which I am entitled. 
I anticipate your immediate attention to this critical matter and look forward to a swift resolution. Given the severity of these violations and the potential consequences for my financial well-being and privacy, I urge [ XXXX XXXX XXXX ] to take immediate action to rectify this situation. I hereby demand that XXXX cease reporting my information to all consumer reporting agencies immediately. Furthermore, I insist that this account be promptly deleted from every consumer reporting agency and any other firms or institutions to which my information has been reported. 

Please be aware that I am not taking these matters lightly. Failure to comply with federal laws designed to protect my rights as a consumer will leave me with no alternative but to pursue legal action to safeguard my interests. I sincerely hope it does not come to that, and I trust that XXXX will choose to rectify this situation in a timely and responsible manner. 

I expect a prompt response to this letter and a clear plan of action outlining the steps XXXX will take to address and rectify these violations. Your failure to respond adequately will leave me with no choice but to initiate legal proceedings to protect my rights and seek the justice to which I am entitled. 

I look forward to your immediate attention to this matter and hope that we can resolve this issue promptly and amicably. 


Sincerely, XXXX XXXX [ Without Recourse UCC 1-308 ] [ Enclosures : List of fraudulent accounts, companies reporting late payments, and inquiries ] FRAUDULENT ACCOUNTS OPEN IN MY NAME XXXX XXXX XXXX Potentially Negative BALANCE {$78000.00} UPDATED BALANCE XX/XX/XXXX DEPT OF EDUCATIONXXXX XXXX {$620.00}, {$3500.00}, {$9200.00}, {$3700.00} {$4600.00} {$7500.00} {$1400.00} {$1400.00} {$2100.00} {$2700.00} {$4400.00} XXXX {$4300.00} {$2700.00} {$4300.00} {$19000.00} {$18000.00} {$5700.00} {$1500.00} {$20000.00} {$9200.00} {$510.00} {$1700.00} {$6200.00} {$5000.00} {$21000.00} {$22000.00} {$1900.00} COMPANIES REPORTING LATER PAYMENTS XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX