Consumer complaint received 2025-03-09 00:00:00
Product: Student loan — Private student loan
Issue: Dealing with your lender or servicer — Need information about your loan balance or loan terms
Company: MOHELA
State: MD

Complaint narrative:
I am writing to formally request the following documentation regarding my private student loan account ( s ) ( XXXX & XXXX ) currently being serviced by XXXX ( XXXX ) : 1. A copy of the original purchase agreement or assignment, which demonstrates the transfer of my loan from the original lender to your company.

2. A complete and detailed validation of the debt, including the original loan amount, interest rate, current balance, any fees or charges that have been applied, and an itemized history of all payments made to the loan, including any modifications or adjustments to the loan terms during your servicing. 

I expect this request to be fulfilled within 30 days, in compliance with the Fair Debt Collection Practices Act ( FDCPA ), specifically 15 U.S.C. 1692g, which requires that debt collectors provide a validation of the debt upon request. If the debt has been transferred, you must comply with 15 U.S.C. 1641 ( g ), which mandates that you provide written notification of such transfer, including details about the original creditor and the loans current status.

Furthermore, I would like to bring to your attention the following legal frameworks and protections that may apply to my loan : **The Family Educational Rights and Privacy Act ( FERPA ) : As a private student loan servicer, you must ensure that my education records are kept confidential and that no unauthorized access to this information occurs. Any mishandling or improper release of my education records may be a violation of FERPA.

**The Higher Education Act ( HEA ) : The HEA , which governs federal student loans, also impacts private student loans in some cases, particularly when the loan is part of a federal loan program or related to an institution that receives federal funding. Under the HEA, protections exist for student loan borrowers, including those related to loan servicing, repayment, and borrower rights.

**The Privacy Act of 1974 : This law ensures that federal agencies, which may include educational loan servicers, maintain the privacy and security of personally identifiable information. Any violation of this protection could be subject to legal repercussions.

**Dodd-Frank Wall Street Reform and Consumer Protection Act : The Consumer Financial Protection Bureau ( CFPB ) has identified multiple violations in the handling of private student loans, including unfair, deceptive, or abusive acts and practices ( UDAAP ) under this Act. As such, any failure to provide accurate, clear, and complete loan documentation or mishandling of my account may be a violation of these provisions.

**Breach of Contract : If any of the terms of the loan agreement have been violated or if there has been failure to provide the agreed-upon services or terms outlined in the original loan agreement, this could constitute a breach of contract. In such cases, I reserve the right to seek legal remedies for any breach.

Company response to consumer: Closed with explanation