Consumer complaint received 2024-07-19 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: IN

Complaint narrative:
It's shameful that I have to contact the Consumer Financial Protection Bureau ( CFPB ) in order for NELNET to act half-way ethically. It saddens me that NELNET continues to harm, damage, and inflict pain with their manipulative tactics. I did not submit a request to opt-out, I told NELNET that I was opting out as a federally protected consumer under the CFRA. I have opted out of any and all authorizations I may have given to NELNET, whether written, unwritten, verbal, or non-verbal, per 15 USC 6802.This decision became effective immediately and indefinitely on XX/XX/XXXX. This wasnt a request to NELNET or up for debate. But out of good faith, I'll break it down for you a bit more. 

In your XX/XX/XXXX letter you stated that the Family Education Rights and Privacy Act ( FERPA ) does not apply to you because you're the servicer. You stated you have an agreement with the U.S. Department of Education ( ED or DEPT OF EDUCATION ). You also stated DEPT OF EDUCATION has no affiliates. You admitted to being a data furnisher and then said I can't opt-out. According to 15 USC 6809 ( 6 ), the term affiliate means any company that controls, is controlled by, or is under common control WITH another company. Pursuant to 12 USC 2605 ( i ) ( 2 ), the term servicer means the person RESPONSIBLE for servicing of a loan ( including the person who makes or holds a loan if such person also services the loan ). The loan is reported as DEPT OF EDUCATION/NELNET. You have common control with DEPT OF EDUCATION and you are in fact affiliated with DEPT OF EDUCATION. 

NELNET has invaded my privacy according to the Privacy Act of 1974.specifically under USC 5 U.S.C. 552a and 34 CFR Part 99.. This action violates the privacy protections outlined in the Privacy Act, which governs the collection, use, and disclosure of personal information by federal agencies, including educational agencies institutions like Nelnet.

NELNET claims FERPA does not apply to them. FERPA does apply to NELNET. Not only is NELNET affiliated with the DEPT OF EDUCATION but according to 34 CFR 99.1 it applies to an educational agency OR INSTITUTION to which funds have been made available under any program administered by the Secretary. Stated directly on NELNETs website, they have programs such as Public Service Loan Forgiveness, Teacher Loan Forgiveness, etc. These programs are administered by the Secretary of the U.S. Department of Education. By these programs being made available to NELNET and its customers, it creates more funds available for NELNET to profit after such debts have been discharged by the programs administered by the Secretary of the U.S. Department of Education. According to FERPA, it applies to agencies or institutions by grant, cooperative agreement, contract, subgrant, or subcontract. In your XX/XX/XXXX letter, You admitted you have a contractual agreement with DEPT OF EDUCATION. FERPA absolutely applies to NELNET. Not only have I asserted my right to opt out which is protected through the Privacy Act, but I have also asserted my rights by including ( but not limited to ) to privacy under the Family Educational Rights and Privacy Act ( FERPA ) of 1974. As a federally protected individual under this act, I am entitled to the privacy and confidentiality of my educational records. 20 usc 1232G and codified in 34 cfr 99.

The Gramm-Leach Bliley Act ( GLBA ), states that as a federally protected consumer, Privacy and opt-out notices must be clear and conspicuous from furnishers.You have admitted to furnishing data to Credit Reporting Agencies in your XX/XX/XXXX letter. Furnishers have to send out notices annually which I have not received. You are in fact a data furnisher. 

In your XX/XX/XXXX letter, you stated that you process your transactions, maintain your account, respond to court orders and legal investigations, or report to credit bureaus. According to the Consumer Financial Protection Bureau ( CFPB ), Under the federal Fair Debt Collection Practices Act, a debt collector generally is a person or a company that regularly collects debts owed to others. By definition, you are in fact a debt collector. I do not have a contract with NELNET. I refuse to pay NELNET. 15 USC 1692c clearly states If a consumer notifies a debt collector that the consumer refuses to pay a debt, the debt collector must cease all communication.NELNET, This is your notification. If you continue to report to any credit reporting agency from this day forward, it will be considered communication. Your request to send updates about ED or other entities is denied indefinitely. 

Your XX/XX/XXXX response is very contradicting. According to NELNETs response, they believe they are above Federal Laws. Each day that NELNET continues to report to the credit reporting agencies, it causes me, the federally protected consumer, great harm, damage, distress, injury, by NELNETs actions to continue to violate me. Your XXXX XXXX response also states that I may NOT opt out of reporting to the Crediting Reporting Agency . The letter is proof that you are discriminating against me for exercising my rights under the Fair Credit Reporting Act. If any of the Credit Reporting agencies continue to report, it will be considered discrimination pursuant to 12 cfr 1022.140. Out of good faith, I should warn NELNET that I have submitted a FOIA to the Internal Revenue Service to receive all documents that you may have filed on behalf of XXXX ( XXXX, XXXX, XXXX, XXXX ) so that I may have proof that you have been furnishing INCOME to the Credit Reporting Agencies. Income is prohibited from being reported to Credit Reporting Agencies. NELNET has continued to lie, manipulate, omit information and violate me, the federally protected consumer. NELNETs actions have been very harmful. Their XX/XX/XXXX response will be added to my proof of claims. I will continue to notify the CFPB and Credit Reporting Agencies each and every time that NELNET continues to inflict harm by violating me.

Company response to consumer: Closed with explanation