Consumer complaint received 2024-05-19
Product: Student loan — Federal student loan servicing
Issue: Dealing with your lender or servicer — Received bad information about your loan
Company: Nelnet, Inc. (FL)

According to the Fair Debt Collection Practice Act : " 15 USC 1692j ; 812. Furnishing certain deceptive forms, ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. ( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 1692k of this title for failure to comply with a provision of this subchapter. 15 USC 1692g 809. Validation of debts ( a ) Notice of debt ; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing -- ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumer 's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. 
( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor. 
( c ) Admission of liability The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

( d ) Legal pleadings A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection ( a ).

( e ) Notice provisions The sending or delivery of any form or notice which does not relate to the collection of a debt and is expressly required by title 26, title V of Gramm-Leach-Bliley Act [ 15 U.S.C. 6801 et seq. ], or any provision of Federal or State law relating to notice of data security breach or privacy, or any regulation prescribed under any such provision of law, shall not be treated as an initial communication in connection with debt collection for purposes of this section. '' I am providing all the necessary details below to facilitate the process of this ongoing investigation. 1. Reason for Request : I am requesting this action due to the following grounds : a ) Fraudulent Misrepresentation : The promissory note agreement The XXXX Department of Education " XXXX '' has been made with XXXX, was entered into under circumstances involving fraudulent misrepresentation by Nelnet, XXXX XXXX XXXX ( XXXX  ), XXXX XXXX XXXX XXXX XXXX XXXX ) Program, XXXX XXXX XXXX XXXX XXXX XXXX and The U.S Department of Education XXXX XXXX ''. Specifically, I was induced to sign an agreement under false pretenses, as crucial information regarding a XXXX XXXX XXXX program was promised by XXXX XXXX XXXX XXXX XXXX XXXX XXXX XX/XX/2008 to XX/XX/2008 was withheld from me. The non-disclosure of XXXX XXXX XXXX XXXX XXXX XXXX XXXX school entity and the ambiguity surrounding the promised XXXX  XXXX XXXX XXXX constitute fraudulent misrepresentation. b ) Duress or Coercion : Furthermore, it is imperative to note that the circumstances under which I entered into the agreement with Florida XXXX XXXX XXXX surrounded the promise of The XXXX XXXX XXXX XXXX and later involved Nelnet duress or coercion my employment income being garnished without my knowledge. I was not provided with all relevant information regarding the terms and conditions of the agreement, and I was pressured into signing a promissory note without a full understanding of the implications as to why my wages were being garnishes and why I owed a debt to The U.S Department of Education " XXXX '', XXXX, Nelnet, XXXX XXXX XXXX ( XXXX  ), XXXX XXXX XXXX XXXX XXXX XXXX ) Program and now falsely being reported to all three credit bureaus ; XXXX, XXXX, and XXXX, submitted by Nelnet, XXXX XXXX XXXX XXXX XXXX XXXX and XXXX XXXX XXXXXXXX XXXX XXXX ). c ) Ambiguity : The terms of the agreement itself were ambiguous and lacked clarity by the staff and representatives of XXXX XXXX XXXX XXXX XXXX XXXX This ambiguity contributed to my misunderstanding of the XXXX XXXX XXXX XXXX agreement and further underscores the fraudulent nature of its inception for a XXXX XXXX XXXX XXXX being offered to me. d ) Non-Disclosure of Promised Federal XXXX XXXX Program : The most significant factor contributing to my request is the non-disclosure of the promised XXXX XXXX XXXX XXXX by XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) XXXX during XX/XX/2008 to XX/XX/2008. XXXX XXXX was never a disclosed school entity, but instead was disclosed to the best of my knowledge as : Florida XXXX XXXX XXXX. The promise of a XXXX XXXX XXXX XXXX, which was a crucial component of my decision to enter into the agreement, was not fulfilled. In accordance with the Fair Credit Reporting act, the list of accounts below has violated my rights to privacy and confidentiality under 15 USC 1681. Reporting : Account numbers XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, The U.S Department of Education " XXXX '', XXXX, XXXX XXXX XXXX XXXX XXXX XXXX Florida Education XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX ; Default Resolution Group ( DRG ), and Nelnet all has violated my rights. As per " 15 USC 1681 section 602 A. States I have the right to privacy. 15 USC 1682 Section 604 A ( 2 ) : also states a consumer reporting agency can not furnish an account without my written instructions. 15 USC 1681c A. ( 5 ) states no consumer reporting agency may make any consumer report containing any of the following items of information and any adverse items of convictions of crimes which antedates the report by more than seven years. 15 USC 1681s ( 2 ) A. 1. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. In addition, as per the Fair Credit Reporting Act ; 611. Procedure in case of disputed accuracy 15 U.S.C. 1681i ( a ) Reinvestigations of Disputed Information ( 1 ) Reinvestigation Required 611 - 15 U.S.C. 1681i 59 ( A ) In general. Subject to subsection ( f ), and except as provided in subsection ( g ) if the completeness or accuracy of any item of information contained in a consumers file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph ( 5 ), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller.

( B ) Extension of period to reinvestigate. Except as provided in subparagraph ( c ), the 30-day period described in subparagraph ( A ) may be extended for not more than 15 additional days if the consumer reporting agency receives information from the consumer during that 30-day period that is relevant to the reinvestigation. 
( C ) Limitations on extension of period to reinvestigate. 
Subparagraph ( B ) shall not apply to any reinvestigation in which, during the 30-day period described in subparagraph ( A ), the information that is the subject of the reinvestigation is found to be inaccurate or incomplete or the consumer reporting agency determines that the information can not be verified. '' In accordance with the Fair Credit Reporting act, the list of accounts below has violated my rights to privacy and confidentiality under 15 USC 1681. Reporting Nelnet account number XXXX has violated my rights. " 15 USC 1681 section 602 A. States I have the right to privacy. 15 USC 1682 Section 604 A ( 2 ) : also states a consumer reporting agency can not furnish an account without my written instructions. 15 USC 1681c A. ( 5 ) states no consumer reporting agency may make any consumer report containing any of the following items of information and any adverse items of convictions of crimes which antedates the report by more than seven years. 15 USC 1681s ( 2 ) A. 1. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. In addition, as per the Fair Credit Reporting Act ; 611. Procedure in case of disputed accuracy 15 U.S.C. 1681i ( a ) Reinvestigations of Disputed Information ( 1 ) Reinvestigation Required 611 - 15 U.S.C. 1681i 59 ( A ) In general. Subject to subsection ( f ), and except as provided in subsection ( g ) if the completeness or accuracy of any item of information contained in a consumers file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph ( 5 ), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller.

( B ) Extension of period to reinvestigate. Except as provided in subparagraph ( c ), the 30-day period described in subparagraph ( A ) may be extended for not more than 15 additional days if the consumer reporting agency receives information from the consumer during that 30-day period that is relevant to the reinvestigation.

( C ) Limitations on extension of period to reinvestigate.

Subparagraph ( B ) shall not apply to any reinvestigation in which, during the 30-day period described in subparagraph ( A ), the information that is the subject of the reinvestigation is found to be inaccurate or incomplete or the consumer reporting agency determines that the information can not be verified. ''