Consumer complaint received 2024-03-03
Product: Student loan — Federal student loan servicing
Issue: Improper use of your report — Reporting company used your report improperly
Company: Nelnet, Inc. (CA)

STUDENT LOAN Department of Education/NELNet Reporting in violation PER THE 15 U.S. Code 6802 - Obligations concerning disclosures of personal information ( b ) OPT OUT ( 1 ) IN GENERALA financial institution may not disclose nonpublic personal information to a nonaffiliated third party unlessnonpublic personal information ( 4 ) Nonpublic personal information ( A ) The term nonpublic personal information means personally identifiable financial information ( i ) provided by a consumer to a financial institution ; ( ii ) resulting from any transaction with the consumer or any service performed for the consumer ; or ( iii ) otherwise obtained by the financial institution. ( B ) Such term does not include publicly available information, as such term is defined by the regulations prescribed under section 6804 of this title. ( C ) Notwithstanding subparagraph ( B ), such term ( i ) shall include any list, description, or other grouping of consumers ( and publicly available information pertaining to them ) that is derived using any nonpublic personal information other than publicly available information; but ( ii ) shall not include any list, description, or other grouping of consumers ( and publicly available information pertaining to them ) that is derived without using any nonpublic personal information. ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. 
PER 604. Permissible purposes of consumer reports [ 15 U.S.C. 1681b ] ( a ) In general. Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, or a subpoena issued in connection with proceedings before a Federal grand jury. ( 2 ) In accordance with the written instructions of the consumer to whom it relates. 
15 U.S. Code 6805 - Enforcement ( a ) IN GENERALSubject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, as follows : ( 1 ) Under section 1818 of title 12, by the appropriate Federal banking agency, as defined in section 1813 ( q ) of title 12, in the case of ( A ) national banks, Federal branches and Federal agencies of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( B ) member banks of the Federal Reserve System ( other than national banks ), branches and agencies of foreign banks ( other than Federal branches, Federal agencies, and insured State branches of foreign banks ), commercial lending companies owned or controlled by foreign banks, organizations operating under section 25 or 25A of the Federal Reserve Act [ 12 U.S.C. 601 et seq., 611 et seq. ], and bank holding companies and their nonbank subsidiaries or affiliates ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( C ) banks insured by the Federal Deposit Insurance Corporation ( other than members of the Federal Reserve System ), insured State branches of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; and ( D ) savings associations the deposits of which are insured by the Federal Deposit Insurance Corporation, and any subsidiaries of such savings associations ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ). 
( 2 ) Under the Federal Credit Union Act [ 12 U.S.C. 1751 et seq. ], by the Board of the National Credit Union Administration with respect to any federally insured credit union, and any subsidiaries of such an entity. 
( 3 ) Under the Securities Exchange Act of 1934 [ 15 U.S.C. 78a et seq. ], by the Securities and Exchange Commission with respect to any broker or dealer.

( 4 ) Under the Investment Company Act of 1940 [ 15 U.S.C. 80a1 et seq. ], by the Securities and Exchange Commission with respect to investment companies. 

PER The Family Educational Rights and Privacy Act of 1974 ( FERPA or the Buckley Amendment ) is a United States federal law that governs the access to educational information and records by public entities such as potential employers, publicly funded educational institutions, and foreign governments. [ 1 ] The act is also referred to as the XXXX XXXX, for XXXX of its proponents, XXXX XXXX XXXX XXXX of New York. 
XXXX is a U.S. federal law that regulates access and disclosure of student education records. It grants parents access to their child 's records, allows amendments, and controls disclosure. After a student turns XXXX, their consent is generally required for disclosure. The law applies to institutions receiving U.S. Department of Education funds and provides privacy rights to students XXXX XXXX XXXX XXXX, or those in post-secondary institutions. Disclosure is permitted to parents of dependent students, and medical records are usually protected under FERPA rather than HIPAA. The law has faced criticism for concealing non-educational public records.