Consumer complaint received 2024-05-29 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: MOHELA
State: TX

Complaint narrative:
MOHELA, XXXX and XXXX have been reporting private personal information onto my credit report without my written consent. Per the Fair Credit Reporting Act, 15 USC 1681b - Permissible purposes of consumer reports, Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other ( 2 ) In accordance with the written instructions of the consumer to whom it relates. MOHELA, XXXX and XXXX do not have my written consent, and never did have my written consent from the beginning. MOHELA, XXXX and XXXX have also violated my rights under the Privacy Act of 1974 ( 5 USC 522a ). The Privacy Act of 1974 states, ( 4 ) the term " record '' means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph ; this includes consumer reports. ( b ) Condition of Disclosure - " No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains. '' MOHELA, XXXX and XXXX have violated not only the Fair Credit Reporting Act, and the Privacy Act of 1974, but also the Family Educational Rights and Privacy Act ( FERPA ), 20 USC 1232g, 34 CFR ( 99 ) is a Federal law that protects the privacy of student education records. This law applies to all schools that receive funds under an application program of the U.S. Department of Education, which MOHELA does. Under 15 USC 6802 - Obligations with respect to disclosures of personal information ( a ) Notice requirements, Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. MOHELA is a financial institution and XXXX and XXXX are nonaffiliated third parties, and I am the consumer. I have suffered great damage per 15 USC 1681n Civil liability for noncompliance, " 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 amount equal to the sum of- ( A ) any actual damages sustained by the consumer as a result of failure or damages of not less than {$100.00} and not more than {$1000.00}. '' My credit score has been negatively impacted and caused me to lose access to finances, because of the inaccurate reporting without my written consent. 12 CFR 1016.7 states that " A consumer may exercise the right to opt out at any time. '' I am opting out of their reporting services, and any and all consent given to MOHELA, XXXX and XXXX, if it's verbal, non-verbal, written, implied or otherwise is now revoked.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation