Consumer complaint received 2024-03-17 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: Nelnet, Inc.
State: GA

Complaint narrative:
I trust The Bureau ( Consumer Financial Protection Bureau ) will exercise its authority to enforce and ensure that I, the consumer, am protected from unfair, deceptive, or abusive acts and practices and from discrimation. 12 USC 5511 ( b ) ( 2 ). 

I have submitted several complains to NELNET as a harmed consumer, communicating several privacy rights and laws violations, like the disclosure of student education records ( FERPA - 20 U.S. Code 1232g ( b ) and ( 34 CFR 33.90 ), transactions ( 15 USC 1681a ( 2 ) ( A ) ( i ) ), the disclosure of nonpublic personal information ( Privacy Act of 1974, 5 U.S. Code 552a, 12 CFR 1016.1, 12 CFR 1016.4 ) for not providing opting out methods to the disclosure of personal information ( 12 CFR 1016.7 and 15 U.S. Code 6802 ) and IDENTITY THEFT ( 12 CFR 1022.3 ). NELNET should know that The Family Educational Rights and Privacy Act protects the privacy of students education records. Educational agencies and Institutions are not allowed to provide transaction history and education records to any third party. In 20 U.S. Code 1232g ( b ) clearly establish that funds wont go to schools releasing personally identifiable information contained therein other than directory information without the student/parent written consent, except as allowed to certain parties under the conditions on 34 CFR 33.91. You have the duty to keep and maintain confidential any education records that was given to you. I have never signed any written consent for NELNET nor the U.S Department of Education to disclose education records under 34 CFR 33.90. Not only that but According to the Privacy Act of 1974 - 5 U.S. Code 552a ( b ) Conditions of Disclosure. No agency shall disclose any record ( 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 ; ) ( including my consumer reports ) 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, unless disclosure of the record would be ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31. And Section 3711 ( e ) of title 31 states ( 1 ) When trying to collect a claim of the Government under a law except the Internal Revenue Code of 1986 ( 26 U.S.C. 1 et seq. ), the head of an executive, judicial, or legislative agency shall disclose to a consumer reporting agency information from a system of records that a person is responsible for a claim if, ( E ) the head of the agency has established procedures to ( iii ) get satisfactory assurances from each consumer reporting agency that the agency is COMPLYING with all laws of the United States related to providing consumer credit information. NELNET not only violated the Fair Credit Reporting Act but the Privacy Act as well. NELNET continue to report this education records without my written consent under 15 U.S. Code 1681b ( 2 ) Permissible purpose of consumer reports which states ( 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. Under 15 U.S. Code 1681c -Requirements relating to information contained in consumer reports states Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information : Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. No adverse item besides the conviction of crimes should be on my report, any item that is a derogatory mark is not allowed into consumer reports. And by violating section 1681b for permissible purpose and 1681c for information contained in consumer reports they are also violating compliance procedures under the 15 U.S. Code 1681e ( a ), ( b ). Not only that but without my written consent to report such information you are now engaging on IDENTITY THEFT. 12 CFR 1022.3 Definitions Identity theft means a fraud committed or attempted using the identifying information of another person WITHOUT authority. In 12 CFR 1016.1 NELNET has failed to ( XXXX ) Provides a method for consumers to prevent a financial institution from disclosing that information to most non affiliated third parties by opting out of that disclosure. NELNET failed to provide Me ( the Consumer ) a clear and conspicuous notice that accurately reflects your privacy policies and practices, before you disclose any nonpublic personal information about the consumer to any non affiliated third party under 12 CFR 1016.4.. 15 U.S. Code 6802 ( b ) ( 1 ( B ) ( C ) NELNET failed to comply by not giving me the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and by not giving Me ( the consumer ) an explanation of how I could exercise that nondisclosure option. 12 CFR 1016.7 Form of opt out notice to consumers ; opt out methods states that A consumer may exercise the right to opt out at any time.IM OPTING OUT OF NELNET REPORTING SERVICES EFFECTIVE IMMEDIATELY. In 15 U.S. Code 1681a ( 2 ) ( A ) ( i ) states that ( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report. Reporting transactions is illegal. Attached to this complaint is the Privacy Act 5 U.S. Code 552a in its entirely, FTC Report, Opt Out Letter and a letter with misleading information and enclosed to that the lack of privacy disclosure information that NELNET send me dated XX/XX/XXXX, after receiving XXXX of my complaints, where they acknowledged as a data furnisher, to be bind under the FCRA. And still, NELNET willfully fails to comply. After receiving my complaints they continued to violate my federally protected rights and not only that but they deceived me, they continue to lie to me with misleading and false statements. NELNET isnt trying to be fair as to exercise the laws and regulations that protect me and my privacy, they continue discriminating me with their abusing and deceptive practices leading to several and harmful damages. 15 U.S. Code 1681n - Civil Liability for willfull noncompliance states ( a ) In general 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 an amount equal to the sum of ( 1 ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00}.

Company response to consumer: Closed with explanation