Consumer complaint received 2025-08-15 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: TRANSUNION INTERMEDIATE HOLDINGS, INC.
State: FL

Complaint narrative:
This letter constitutes a formal notice of violation and a demand for the immediate removal of the student loan entry currently being reported on my credit file. 
The Family Educational Rights and Privacy Act ( FERPA ), 20 U.S.C. 1232g, and its implementing regulations, 34 CFR Part 99, strictly prohibit the disclosure of a students educational records or personally identifiable information ( PII ) without prior written consent from the student, except under narrowly defined conditions.

Educational records, as defined under FERPA, include any records directly related to a student and maintained by an educational institution or an entity acting on its behalf, which extends to financial aid and loan records maintained as part of the students file. The disclosure of these records to a consumer reporting agency without documented, informed, written consent is a direct breach of FERPAs confidentiality provisions. 

This principle has been supported in federal administrative rulings and enforcement actions, including : Letter to [ Redacted ], 20 FAB 1 ( FPCO 2016 ) where the Department of Educations Family Policy Compliance Office ( FPCO ) reaffirmed that a third-party servicer acts as an agent of the institution and must comply with FERPAs nondisclosure requirementsXXXX XXXX XXXX XXXX XXXX v. Falvo, 534 U.S. 426 ( 2002 ) clarifying the breadth of what constitutes an educational record under FERPA.

U.S. Department of Education v. XXXX XXXX, 294 F.3d 797 ( 6th Cir. 2002 ) where unauthorized disclosure of student records was held to be a violation enforceable under FERPA.

As such, your reporting of my student loan information to any credit bureau without my written consent constitutes : A violation of FERPA ( 20 U.S.C. 1232g ).

A violation of the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681s-2, due to the reporting of information that was obtained unlawfully. 
A willful breach of fiduciary duty to safeguard my protected records.

My Demands Pursuant to FERPA, FCRA, and other applicable laws, you are hereby required to : Immediately delete all student loan entries from my credit report with all consumer reporting agencies. Provide written proof within 15 business days of the legal authority and signed consent that allegedly authorizes such reporting. Cease and desist from any further unauthorized disclosure of my educational records. 
Failure to comply will result in : Formal complaints filed with the U.S. Department of Educations Family Policy Compliance Office ( FPCO ). A complaint with the Federal Trade Commission ( FTC ) for violation of privacy rights. Civil litigation for statutory and actual damages under 20 U.S.C. 1232g ( g ) and 15 U.S.C. 1681n.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with non-monetary relief