Consumer complaint received 2024-04-04
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: Navient Solutions, LLC. (GA)

XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX, XXXX XXXX, GA XXXX DOB : XX/XX/XXXX Last 4 SSN : [ XXXX ] XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX TX XXXX RE : You Violated the United States XXXX XXXX CFPB Complaint # s XXXX XXXX ; XXXX ; XXXX ; XXXX ; XXXX ; XXXX XXXX XXXX XXXX XXXX FEDERAL LAWSUIT FILING NOTICE OF PENDING LITIGATION SEEKING RELIEF AND MONETARY COMPENSATION UNDER FCRA 15 U.S. Code 1681n Civil liability for willful noncompliance and 15 U.S. Code 1681o Civil liability for negligent noncompliance and 15 U.S. Code 1692k civil liability.

Please accept this final written OFFER OF SETTLEMENT BEFORE LITIGATION as my firm and unwavering attempt to amicably resolve your continued violation of the Fair Credit Reporting Act regarding your refusal to delete INACCURATE, Unverifiable, and Invalidated information from my consumer file. I am determined to pursue litigation in accordance with the FCRA to seek relief and recover all monetary damages that I may be entitled to under Section 616 and Section 617 if the INACCURATE, Unverifiable, and Invalidated items listed below are not deleted immediately. A copy of this letter, as well as INACCURATE ERRONEOUS ITEMS sent to you previously, will also become part of a formal complaint to the Federal Trade Commission and shall be used as evidence in pending litigation provided you fail to comply with this offer of settlement. 
YOU ARE IN DIRECT VIOLATION OF THE FCRA, and the unverified items listed below still remain on my credit report in violation of federal law. You are required under the FCRA to have a copy of the original creditor 's documentation on file to verify that this information is mine and is correct. In the results of your investigations, you wrote that you verified that these items are being reported correctly. Who verified these accounts? You have NOT provided me a copy of ANY original documentation ( a consumer contract with my signature on it ) as required under Section 609 ( a ) ( 1 ) ( A ) & Section 611 ( a ) ( 1 ) ( A ). Furthermore, you have failed to provide the method of verification as required under Section 611 ( a ) ( 7 ). Please be advised that under Section 611 ( 5 ) ( A ) of the FCRA you are required to ... promptly DELETE all information which can not be verified.

Its very obvious that your agency doesnt know what the FCRA is because, from the looks of my credit report and all the errors I see, you are disregarding it. So heres my breakdown.

1. The Fair Credit Reporting Act is the primary federal law governing the collection and reporting of credit information about consumers. Its rules cover how a consumer 's credit information is obtained, how long it is kept, and how it is shared with others, including consumers themselves.

2. What is an FCRA violation?

Creditors give reporting agencies inaccurate financial information about you. Reporting agencies mix up one person 's information with another 's because of a similar ( or the same ) last name or social security number. Agencies fail to follow guidelines for handling disputes.

3. My rights under the Fair Credit Reporting Act Verify the accuracy of my report when it is required for employment purposes.

Receive notification if information in my file has been used against me in applying for credit or other transactions.

Disputeand have the bureaus correct and deleteinformation in my report that is incomplete, inaccurate, and unverifiable.

Remove outdated, negative information ( after seven years in most cases, 10 in the case of bankruptcy ).

I demand these items be deleted immediately. I entered the items and the outcome I desire below because you are in violation, and these items are not 100 % accurate, and they are either INACCURATE, Unverifiable, or Invalidated. I recently applied for extended credit and was denied. I am in distress because of your mistakes.

The law is very clear regarding the Civil liability and the remedy available to me ( Section 616 & 617 ) if you fail to comply with Federal Law. I am a litigious consumer and fully intend to pursue litigation in this matter to enforce my rights under the FCRA. 

1. The following personal information is incorrect Address ( es ) : XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX, GA XXXX XXXX. The following personal information is incorrect Address ( es ) : XXXX XXXX XXXX XXXX XXXX  XXXX XXXX, GA XXXX XXXX XXXX. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account is in violation not reporting 100 % accurate. Under 15 USC 1666B, this is a billing error. I always paid as agreed on time. This is an error. Cease and desist as soon as possible. 
DEPT OF EDUCATIONXXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete these items.

4. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account is in violation not reporting 100 % accurate. Under 15 USC 1666B, this is a billing error. I always paid as agreed on time. This is an error. Cease and desist as soon as possible. 
DEPT OF EDUCATIONXXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete these items.

5. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account is in violation not reporting 100 % accurate. Under 15 USC 1666B, this is a billing error. I always paid as agreed on time. This is an error. Cease and desist as soon as possible. 
DEPT OF EDUCATIONXXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete these items.

6. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account is in violation not reporting 100 % accurate. Under 15 USC 1666B, this is a billing error. I always paid as agreed on time. This is an error. Cease and desist as soon as possible. 
DEPT OF EDUCATIONXXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete these items.

7. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account is in violation not reporting 100 % accurate. Under 15 USC 1666B, this is a billing error. I always paid as agreed on time. This is an error. Cease and desist as soon as possible. 
DEPT OF EDUCATIONXXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete these items.

8. Under 15 U.S. Code 1692j - Furnishing certain deceptive forms, I am not participating in the collection of this alleged debt. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account is in violation not reporting 100 % accurate. Under 15 USC 1666B, this is a billing error. Always paid as agreed on time. This is an error. Cease and desist as soon as possible. 

XXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete these items.

9. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account is in violation not reporting 100 % accurate. Cease and desist as soon as possible Did not consent to the unauthorized inquiry XXXX XXXX Date of Inquiry : XX/XX/XXXX Please Remove It From My Credit Report. 
Did not consent to the unauthorized inquiry XXXX XXXX XXXX Date of Inquiry : XX/XX/XXXX Please Remove It From My Credit Report. 
Did not consent to the unauthorized inquiry XXXX XXXX Date of Inquiry : XX/XX/XXXX Please Remove It From My Credit Report. 

VIOLATION OF 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 ( 1 ) ( 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 ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; ( 2 ) such amount of punitive damages as the court may allow ; and ( 3 ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys fees as determined by the court. ( b ) Civil liability for knowing noncompliance Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the agency for actual damages sustained by the consumer reporting agency or {$1000.00}, whichever is greater.

Fair Credit Reporting Act ( FCRA ) Accuracy of Information ( 15 U.S.C. 1681e ( b ) ) : This section requires that consumer reporting agencies follow reasonable procedures to ensure the maximum possible accuracy of the information concerning the individual to whom the report relates.

Dispute Resolution ( 15 U.S.C. 1681i ) : This section outlines the procedures that must be followed when a consumer disputes the accuracy of information in their credit report. It mandates that consumer reporting agencies must investigate disputes, usually within 30 days, and either verify, correct or delete the disputed information.

Furnisher Responsibilities ( 15 U.S.C. 1681s-2 ) : This section details the responsibilities of entities that furnish information to consumer reporting agencies. It requires furnishers to provide accurate information, investigate disputes received from consumer reporting agencies, and correct or delete inaccurate or unverified information. You list aliases ; who provided this information to you? You listed previous addresses. Who provided this information to you?

Fair Debt Collection Practices Act ( FDCPA ) Acquisition of Location Information ( 15 U.S.C. 1692b ) : While not directly about information accuracy, this section requires any debt collector communicating with any person other than the consumer to acquire location information about the consumer without stating that the consumer owes any debt.

SUPPLEMENTAL INFORMATION : Various laws have been enacted to protect the privacy of individuals ' SSNs, restricting their use and disclosure. Here are five relevant laws and five case citations that reflect the legal landscape around the protection of Social Security numbers.

Laws Protecting Social Security Numbers The Privacy Act of 1974 ( 5 U.S.C. 552a ) restricts how the federal government can disclose personal information, such as Social Security numbers. It mandates that government agencies must have a relevant and necessary reason to collect an individuals SSN and must also inform individuals how their SSN will be used.

Social Security Number Protection Act of 2010 : This Act prohibits explicitly printing an individuals Social Security number on checks issued for payment by the federal government, as well as on any card required for accessing government services, to reduce the risk of SSN theft.

Family Educational Rights and Privacy Act ( FERPA ) ( 20 U.S.C. 1232g ) : FERPA protects the privacy of student education records. It applies to all schools that receive funds under an applicable program of the U.S. Department of Education. Schools must have written permission from the parent or eligible student to release any information from a student 's education record, which includes the Social Security number, except under certain legally specified circumstances.

Fair and Accurate Credit Transactions Act ( FACTA ) of 2003 : This act amends the Fair Credit Reporting Act to enhance the accuracy of reports and includes provisions to help reduce identity theft, such as the truncation of credit cards and Social Security numbers on printed receipts.

Identity Theft and Assumption Deterrence Act of 1998 ( 18 U.S.C. 1028 ) : While not solely focused on SSNs, this Act makes it a federal crime to knowingly use another person 's identification with fraudulent intent, which includes the unauthorized use of someones Social Security number. 

Case Citations Regarding Social Security Number Privacy In re XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ) : Although not exclusively about SSNs, this case dealt with the broader issue of personal information security, including SSNs, in the context of a data breach. 

XXXX XXXX  XXXX, XXXX XXXX XXXX ( XXXX ) : This case addressed damages related to the unauthorized disclosure of an individual 's Social Security number by the government, underscoring the privacy interests associated with SSNs. 
XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX Cir. XXXX ) : This case involved the issue of an employer 's responsibility to protect employees ' Social Security numbers and the legal ramifications of failing to do so. 

XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX Cir. XXXX ) : The court discussed the privacy implications of collecting and potentially disclosing students Social Security numbers without proper safeguards. 

XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) : This New Hampshire Supreme Court case emphasized the duty of information brokers to exercise care in disclosing personal information such as Social Security numbers to third parties, highlighting the potential for harm from such disclosures. 
These laws and cases highlight the legal protections afforded to Social Security numbers and the serious considerations given to their privacy and security in various contexts, including federal records, educational settings, and identity theft prevention. 

Communication in Connection with Debt Collection ( 15 U.S.C. 1692c ) : This section prohibits deceptive collection practices, indirectly requiring that any information communicated not be misleading or inaccurate.

Validation of Debts ( 15 U.S.C. 1692g ) : This pivotal section requires debt collectors to provide consumers with a written notice containing the amount of the debt, the name of the creditor, and a statement that unless the consumer disputes the validity of the debt within 30 days, the debt will be assumed to be valid by the debt collector.

Consumer Credit Protection Act ( CCPA ) The CCPA is a broader act that encompasses several statutes, including the Truth in Lending Act ( TILA ), the FCRA, the Equal Credit Opportunity Act ( ECOA ), and the FDCPA. The acts mentioned above directly address specific requirements for verified, validated, and accurate information reporting. However, the CCPA 's establishment of these acts under its umbrella signifies the legislative framework for consumer credit protection, including accurate and fair credit reporting and debt collection practices.

Consequences for Non-Compliance Failure to comply with these requirements can result in several consequences for creditors, debt collectors, and consumer reporting agencies, including : Civil Liability ( e.g., 15 U.S.C. 1681n, 1681o for FCRA ) : As a consumer, I can bring a civil action against violators for actual damages, statutory damages, and punitive damages in cases of willful non-compliance. I prefer to bring the claim against their insurance bonds.

Enforcement Actions : Agencies such as the Federal Trade Commission ( FTC ) and the Consumer Financial Protection Bureau ( CFPB ), along with the Small Claims Court having jurisdiction, can enforce these laws, potentially resulting in fines, penalties, and injunction/directives to correct practices.

Reputational Damage : Non-compliance can also lead to reputational damage, i.e., libel and slander elements of defamation of character and civil action affecting the violating entity 's business relationships and consumer trust.

Therefore, I formally challenge the accuracy and validity of any information on my credit report that does not meet these standards. I request that you promptly investigate and remove any such information from my credit report. Failure to do so will result in further action, including pursuing legal remedies available to me under the law. This presentment contains specific reference to the disputed information in question format and otherwise!

Please send me written confirmation once the investigation is complete and any inaccuracies have been corrected. If you require any additional information or clarification regarding this matter, you may contact me at the address provided above.

* Please remove all non-account holding inquiries Please note that you have 30 days to complete this investigation, as per the Fair Credit Reporting Act Section 611 ( a ) ( 1 ) ( A ). Be advised that the description of the procedure used to determine the accuracy and completeness of the information is hereby requested as well, to be provided within ( 5 ) days of the completion of your re-investigation, and I am keeping a careful record of your actions, including your Method of Verification. I do not consent to e-Oscar or any means of automated verification.

Failure to respond satisfactorily within 30 days of receipt of this certified letter may result in a small claims action against your company, seeking {$5000.00} per violation for : 1. ) Defamation 2. ) Negligent Enablement of Identity Fraud 3. ) Violations of the Fair Credit Reporting Act 4. ) Financial Injury P.S. Please be aware that, dependent upon your response, I may be detailing any potential issues with your company via an online public press release, including documentation of any potential small claims action. I am also including a copy of my complaint to the organizations below : CC : Law Firm XXXX XXXX XXXX XXXX XXXX XXXX XXXX : XXXX XXXX XXXX XXXX of Enforcement Consumer Financial Protection Bureau1700 G. Street NW Washington, D.C. 205 CC : Consumer Financial Protection Bureau CC : Attorney Generals Office CC : XXXX XXXX XXXX CC : State Senate CC : Federal Deposit Insurance Corporation CC : Comptroller Of The Currency CC : Federal Reserve System CC : Credit and Insurance CC : Federal Trade Commission CC : State Regulatory agency CC : California Regulatory agency Division of consumer complaints Sincerely, XXXX : XXXX  Without prejudice, All Natural Rights Reserved ; Grantor Beneficiary