Consumer complaint received 2025-05-30 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: EQUIFAX, INC.
State: NJ

Complaint narrative:
I am writing to formally dispute the reporting of an alleged student loan account on my consumer report, as furnished by XXXX and the XXXX XXXX XXXX This reporting, which includes derogatory notations such as 90 days late and 120 days late without specific due or delinquency dates, violates federal laws including the Family Educational Rights and Privacy Act ( FERPA ), the Gramm-Leach-Bliley Act ( GLBA, 15 USC 6801 ), and the Identity Theft and Assumption Deterrence Act ( 18 USC 1028a ). I demand an immediate investigation under the Fair Credit Reporting Act ( FCRA, 15 U.S.C. 1681i ), removal of all related data from my credit file, and notification to all entities that have received this inaccurate information, Failure to comply within 30 days ( or 45 days with updated information ) will result in complaints to the Consumer Financial Protection Bureau ( CFPB ), Federal Trade Commission ( FTC ), and legal action for damages under the FCRA and related statutes.

1. Violation of FERPA : Confidentiality and Privacy of Student Loan Records Under the Family Educational Rights and Privacy Act ( 20 U.S.C. 1232g ; 34 CFR Part 99 ), all student loan account information and student loan records are classified as education records, which must be kept confidential and protected from unauthorized access.FERPA prohibits the disclosure of personally identifiable information from a students education records without prior written consent, except in specific, narrowly defined circumstances ( e.g., to school officials with a legitimate educational interest or pursuant to a judicial order ). My student loan records, including payment history and delinquency status fall under this protected category as they are tied to my educational experience and financial aid. 

The reporting of my student loan accountdetailing 90 days and 120 days late statusesby XXXX and the XXXX XXXX XXXX to consumer reporting agencies constitutes an unauthorized disclosure of these confidential records. There is no evidence that I provided written consent for this information to be shared with Equifax, XXXX, or XXXX. FERPAs strict confidentiality requirements mandate that all student loan records remain private, accessible only to authorized parties with my explicit permission. The public dissemination of this data on my consumer report violates FERPA, and I demand its immediate removal as it breaches my privacy rights as a student and consumer.

2. Violation of 15 USC 6801 : Unauthorized Disclosure of Non-Public Personal Information The Gramm-Leach-Bliley Act ( 15 USC 6801 ) mandates the protection of non-public personal information by financial institutions, including student loan servicers like XXXX. This statute requires that such informationencompassing my student loan account details, payment history, and delinquency statusbe kept private and confidential, disclosed only with my affirmative consent or for a permissible purpose as defined under the Fair Credit Reporting Act ( FCRA, 15 U.S.C. 1681b ). My student loan information is not public information ; it is sensitive financial data that should remain safeguarded under GLBA. 

XXXX and the XXXX XXXX XXXX have no legal right to furnish this non-public personal information to a public forum like consumer reporting agencies. The reporting of my account as 90 days and 120 days late, without my consent, violates 15 USC 6802 ( b ), which prohibits the sharing of nonpublic personal information unless I have been given a clear opportunity to opt out or have provided explicit authorization. No such consent or opt-out notice was provided, and the promissory note forwarded by XXXX  contains no disclosure or clause permitting the release of this information to consumer reporting agencies. This unauthorized disclosure constitutes a privacy violation under GLBA, and I demand the immediate cessation of this reporting and removal of all related data from my credit file. 


3. Lack of Permissible Purpose by XXXX and the XXXX XXXX XXXX Under the FCRA ( 15 U.S.C. 1681b ), access to or reporting of consumer report information requires a permissible purpose, such as a contract with the consumer, a court order or written permission. I have no contract with XXXX, a student loan servicer claiming to act on behalf of the XXXX XXXX XXXX. The mere fact that XXXX  services a student loan does not constitute a legitimate business reason sufficient to justify a permissible purpose.Permissible purpose can not be assigned or transferred ; it must be directly granted by the consumer through a written agreement. 

I gave the XXXX XXXX XXXX permissible purpose when I entered into the original loan agreement, but this permission was specific to the Department, not XXXX. XXXX asserts that the XXXX XXXX XXXX  granted them access, but this assignment of permissible purpose is invalid under FCRA, as such rights are non-transferable without my explicit written consent ( 15 U.S.C. 1681b ( a ) ( 2 ) ). I did not provide XXXX with written permission to pull my information from consumer reporting agencies or to report my data to them. As a non-contract holder, XXXX lacks the authority to access or report my information, and the XXXX XXXX XXXX can not legally delegate this right. I demand proof of my written consent to XXXX reporting, which does not exist, and the immediate removal of all reported data. 


4. Aggravated Identity Theft Under 18 USC 1028a XXXX actions in reporting my student loan information to consumer reporting agencies, knowing they possess my identification data without a permissible purpose, constitute aggravated identity theft under 18 USC 1028a. This statute penalizes the knowing use, possession, or transfer of another persons identification without lawful authority, with a mandatory minimum sentence of two years if committed during a violation of another federal law ( e.g., FCRA or GLBA ). XXXX used my identificationlikely derived from the promissory note or loan applicationto report derogatory information, despite lacking a contract or my consent. 

The promissory note provided by XXXX  contains no clause authorizing the disclosure of my non-public personal information to consumer reporting agencies, further evidencing their unauthorized use of my identity. This deliberate misuse of my personal data for reporting purposes, without a legitimate basis, amounts to identity theft. I demand an investigation into this violation and the immediate removal of all reported data as a direct result of this illegal activity.

5. Demand for Investigation and Correction Under FCRA Section 611 Under FCRA Section 611 ( 15 U.S.C. 1681i ), you are required to conduct a reasonable investigation of this dispute within 30 days of receipt, or 45 days if I provide updated information within the initial 30-day period. Any investigation exceeding these timelines will be deemed unreasonable and rejected as non-compliant. I demand that you : 1.Investigate the unauthorized reporting by XXXX and the XXXX XXXX XXXX  XXXX 



2.Remove all student loan-related data from my consumer report, including 90 days and 120 days late notations, due to violations of FERPA, GLBA, and FCRA.

3.Notify all furnishers and recipients of this data of the correction.

4.Provide me with a written response within the statutory timeline, including all documentation relied upon.

Demands and Consequences I demand the following within 15 days, with a full investigation completed within 30 days per FCRA Section 611 : 1.Immediate removal of all student loan-related derogatory notations from my credit file.

2.Proof of my written consent to XXXX and the XXXX XXXX XXXX for reporting this information.

3.A revised consumer report reflecting the removal of this data.

4.Written confirmation of compliance.

Company response to consumer: Closed with explanation