Consumer complaint received 2025-02-08 00:00:00
Product: Student loan — Federal student loan servicing
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: EdFinancial Services
State: FL

Complaint narrative:
Edfinancial Services XXXX XXXX XXXX XXXX, TN XXXX NOTICE TO AGENT IS NOTICE TO PRINCIPAL AND NOTICE TO PRINCIPAL IS NOTICE TO AGENT To whom this may concern This is a reply to the CFPB via # XXXX please be advised Under the Dodd-Frank Wall Street Reform and Consumer Protection Act, the CFPB has the authority to take action against institutions violating consumer financial laws, including engaging in unfair, deceptive, or abusive acts or practices. The Bureau found that Edfinancial violated the Consumer Financial Protection Act by engaging in deceptive acts and practices. Edfinancial is on record via CFPB stating and quote regarding the student loan account we service for you on behalf of the U.S.

Department of Education ( the Department ).

That violates FDCPA 15 U.S.C 1692e ( 1 ) by falsely representing or implying that Edfinancial are affiliated with the United States of America.

Edfinancial is a loan servicer which in fact is a third party individual company that has no ownership nor common control by the U.S. Department of education.

15 U.S. Code 1692f - Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : 15 U.S. Code 1692e ( 12 ) - False or misleading representations ( 12 ) The false representation or implication that accounts have been turned over to innocent purchasers for value.

15 U.S. Code 6809 - Definitions ( 5 ) Nonaffiliated third party The term " nonaffiliated third party '' means any entity that is not an affiliate of, or related by common ownership or affiliated by corporate control with, the financial institution, but does not include a joint employee of such institution.

Edfinancial, XXXX, XXXX and XXXX are not affiliates of the U.S Department of Education nor are they " bureaus. The only true credit bureau is the CFPB and they DO NOT furnish consumer reports as stated in federal law. I have a right to privacy and Per the Privacy Act of 1974 as a federally protected consumer I am now revoking any and all authorization I the consumer may have given the U.S. Department of Education written, non written, verbal, and nonverbal per 5 U.S. Code 552a. Per the FCRA as a federally protected consumer. I am now opting out of any and all authorization I the consumer may have given you XXXX, non written, verbal, and non verbal per 15 USC 6802. I shall also point out their responsibility pursuant 15 U.S. Code section Students ' financial records are confidential in accordance with the Family Educational Rights and Privacy Act ( FERPA ). FERPA is a federal law that protects the privacy of student education records, including financial record. So your company can not take my nonpublic personal information and furnish it on a public forum like XXXX XXXX and XXXX for everyone to see. 
The confidentiality of my nonpublic personal information is very important and prohibited by federal laws. FERPA protects the privacy of students ' education records, FERPA prohibits the disclosure of personally identifiable information without the student 's consent.

The records covered by FERPA Financial aid applications Student account information Federal work-study payroll records Cost of attendance information Financial aid history information Documentation of professional judgment decisions 15 U.S. Code 1692k ( a ) AMOUNT OF DAMAGES Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of.

By taking nonpublic personal information and attempting to collect a debt you have no legal right too and that I clearly dont owe and making a false statement and furnishing a consumer report is a direct violation that goes against the FDCPA AND FDCPA.

15 usc 1692j furnishing certain deception 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.

According to 15 U.S.C. ( the Fair Debt Collection Practices Act, FDCPA ), a debt collector does not have the legal right to a debt itself ; instead, the law outlines specific restrictions on how a debt collector can attempt to collect a debt, prohibiting them from using abusive, deceptive, or unfair practices to do so.

Key points about 15 U.S.C. and debt collectors : No inherent right to the debt. The law does not grant debt collectors ownership of the debt ; they are only allowed to try to collect it on behalf of the original creditor, following specific guidelines like common ownership or control, not third party debt collectors.

Prior Written Consent to Disclose the Students Records a student must provide written consent before an education agency or institution may disclose personally identifiable information from the students education records. The written consent must state the purpose of the disclosure, specify the records that may be disclosed, identify the party or class of parties to whom the disclosure may be made, and be signed and dated.

15 U.S. Code 6801 - Protection of nonpublic personal information ( a ) Privacy obligation policy It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information.

A service provider is any person or entity that receives, maintains, processes, or otherwise is permitted access to customer information by providing services directly to your school. Your school must take reasonable steps to have service providers that are capable of maintaining appropriate safeguards for customer information, and you must require your service providers by contract to implement and maintain such safeguards. FTC regulations : 16 CFR 313.3 ( n ) and 16 CFR 314.15 Gramm-Leach-Bliley Act : Sections 501 and 505 ( b ) ( 2 ) U.S. Code : 15 USC 6801 ( b ), 6805 ( b ) ( 2 )

Company response to consumer: Closed with explanation