Consumer complaint received 2024-04-04
Product: Student loan — Federal student loan servicing
Issue: Improper use of your report — Reporting company used your report improperly
Company: Nelnet, Inc. (TX)

I am writing to request the removal of account number XXXX from my consumer file, as well as the removal of all accounts associated with this loan number, due to violations of my rights under the Fair Credit Reporting Act and the Privacy Act.

As a consumer, I have the right to ensure that my private information is handled with fairness, impartiality, and respect for my privacy. It has come to my attention that there have been violations in the handling of my account information, which necessitates the removal of this account from my consumer file.

The Family Educational Rights and Privacy Act ( FERPA ) was established in 1974 to safeguard the privacy of student education records. This federal law is applicable to all educational institutions that receive funding from the U.S. Department of Education, encompassing both public and private schools. FERPA provides students and their parents with certain rights regarding their education records, including the right to inspect and review these records, the right to request amendments to the records, and the right to exert some control over the disclosure of personally identifiable information contained within these records. Additionally, FERPA mandates that schools can disclose directory information without consent, unless the student or parent opts out. The primary aim of this law is to ensure the privacy and accuracy of student records, as outlined in 20 USC 1232g ( B ), 444 of the General Education Provisions Act, and further detailed in 53 FR 11943. 

In parallel, the Fair Credit Reporting Act ( FCRA ), as delineated in 15 USC 1681 section 602 a, emphasizes the necessity for consumer reporting agencies to carry out their significant responsibilities with fairness, impartiality, and respect for consumers ' privacy rights. As a consumer, I assert my right to ensure the privacy of my personal information, a right supported by 15 USC 6801, which states that financial institutions have an ongoing obligation to respect and protect the confidentiality of their customers ' nonpublic personal information. According to 15 USC 1681 section 604 a section 2, consumer reporting agencies like XXXX, XXXX, and XXXX are only authorized to furnish consumer reports under specific circumstances, including when they have the written consent of the consumer. I hereby declare that these agencies, along with any furnisher of information to credit agencies, do not possess my consent, written or otherwise, to disseminate my information. As per 15 USC 6802 ( b ) ( c ), financial institutions are prohibited from disclosing nonpublic personal information to nonaffiliated third parties without informing the consumer about their right to opt out of such disclosures. I have not been informed of this right by the furnisher of information to credit agencies.

Furthermore, 15 USC 1681C ( a ) ( 5 ) prohibits consumer reporting agencies from reporting any adverse item of information, other than criminal convictions, that predates the report by more than seven years. The continued reporting of such adverse items without my permission constitutes a legal violation. Additionally, 15 U.S. Code 1681s2 ( A ) ( 1 ) A mandates that no information should be furnished to consumer reporting agencies if it is known or believed to be inaccurate. Consumer reporting agencies are required by 15 U.S. Code 1681e to maintain procedures to prevent violations of section 1681c and to limit the furnishing of consumer reports to the purposes listed under section 1681b. I contend that XXXX, XXXX, and XXXX are failing to uphold these procedures. In accordance with 12 CFR 1016.7, I am exercising my right to opt out of their reporting services.

In conclusion, I am invoking my rights under FERPA to protect the privacy of my education records and under the FCRA to ensure the confidentiality and accuracy of my consumer information. I demand that my rights be respected and that any violations be rectified immediately.