Consumer complaint received 2024-08-23 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: NY

Complaint narrative:
NELNETXXXX IS A FRAUD!

THEY ARE COMMITTNG FRAUD TO MILLIONS OF AMERICANS WITHOUT THEIR KNOWLEGE!

15 US Code 6805 - enforcement ( a ) In general I ( XXXX XXXX ) HAVE THE RIGHT TO OPT OUT OF ANYTHING ON MY REPORT AT ANYTIME AND THAT NELNET/XXXX MUST COMPLY AS SOON AS POSSIBLE AFTER I SENT THEM NOTICE!!!!!!!!!!!!! 



" you may not optout of this sharing. '' As you can see you are sharing my information to third party sources such as " XXXX XXXX, XXXX, XXXX, XXXX, XXXXXXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX. Nelnet have an obligation to ensure the data Nelnet furnish is complete and accurate. Any information Nelnet share is in accordance with the U.S. Consumer Privacy Notice.

15 USC 1681.

If Nelnet wanted to publish my information for credit purposes they MUST NOTIFY ME WHEN AN ADVERSE ACTION IS TAKEN. Nelnet never asked me before putting my information to Consumer reporting Agency sources such as XXXX XXXX XXXX XXXX XXXX.

Consumer reporting agency means : any person which for MONETARY FEES, dues or on a cooperative nonprofit basis, regularly engages in whole or in part on the practice of assembling or evaluating or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to THIRD PARTIES, and uses any means of facility of INTERSTATE COMMERCE for the purpose of preparing or furnishing consumer reports.

15 usc 1681b - permissible purposes of consumer reports ( 2 ) IN ACCORDANCE WITH THE WRITTEN INSTRUCTIONS OF THE CONSUMER basically NELNET needs my " WRITTEN CONSENT TO ADD ANYTHING TO MY CONSUMER REPORT '' and i did not give anyone any permission to do so. If i did not give this authorization that is a violation of the fair credit Reporting Act.

P.L 90-321 ( 82 Stat.146 ) - which states only Head of a State or local child support enforcement agency can get my consumer report. last time i checked XXXX, XXXX and XXXX are not government agencies. 

12 CFR 1022.3 Identity theft Means a FRAUD committed or attempted using the identifying information of another person without Authority.

Anything added to my consumer report without my WRITTEN CONSENT could be considered IDENTITY THEFT So basically NELNETXXXX IS A FRAUD!

THEY ARE COMMITTNG FRAUD TO MILLIONs OF AMERICANS WITHOUT THEIR KNOWLEGE!

15 USC1681 c-2 Block of information resulting from identity theft block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 BUSINESS DAYS after the date of the receipt by such agency.

Basically Nelnet has 4 BUSINESS DAYS to BLOCK my information from the Consumer reporting agency.

15 U.S code 1681n- Civil liability for willful noncompliance ( 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 - ( a ) any actual damages sustained by the consumer as a result of the failure or damages of not less that {$100.00} and not more that {$1000.00} or ( b ) in the case of liability of a natural person for obtaining a consumer report under the false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00} per VIOLATION PLUS ANY OTHER DAMAGES YOU HAVE SUSTAINED AS A RESULT OF THEIR FAILURE TO FOLLOW THE LAW. IF YOU HAVE TO FILE MORE THAN 1 COMPLAINT, WILFUL NONCOMPLIANCE CAN EASILY BE PROVEN AS THEY HAD A FULL UNDERSTANDING OF THE VIOLATIONS AFTER YOU COMPLAINED THE 1ST TIME.

EVERY COMPANY IN THIER AGREEMENTS WITH CONSUMERS SAID THEY WOULD FOLLOW THE LAW AND AGREED TO DO SO. THEY ARE AWARE THAT THEY ARE BRAKING THE LAW. 

It looks like Nelnet/XXXX owes me some money : please include reparations for emotional pain and suffering {$100000.00} XXXX XXXX per violation Account : XXXX Routing number : XXXX XXXX XXXX code 1681s-2 - Responsibilities of furnishers of information of consumer reporting agencies.

( B ) ( I ) The person have been notified by the consumer, at the address specified by the person for such notices, that specific information in inaccurate ; and ( ii ) the information is, in fact, inaccurate once you notify the consumer agencies that there is inaccurate information they MUST IMMEDIATELY STOP REPORTING THAT INFORMATION UNTIL THEY CAN PROVE THAT IS VALID Privacy act of 1974 ( 5 U.S Code 552a ) ( 4 ) the term " record '' means anything from item, collection, or grouping of information about in individual that is maintained by an agency, including, but not limited to, his education, finacial transactions, medical history and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying items as finger, fingerprint or voice print or a photograph this includes CONSUMER REPORTS.

( B ) Conditions of Disclosure- No agency shall disclose any record which is contained in a system of records by any means of communications to any person, or to another agency, except pursuant to a WRITTEN REQUEST BY, OR WITH THR PRIOR WRITTEN CONSENT OF, THE INDIVIDUAL TO WHOM THE RECORD PERTAINS, NELNET/ED HAS VIOLATED NOT ONLY THE FAIR CREDIT REPORTING ACT BUT ALSO THE PRIVACY ACT OF 1974.

12 CFR 1016.1 purpose and scope ( 1 ) Requires a financial institution to provide notice to customers about its privacy policies and practices ; Nelnet owes me a PRIVACY NOTICE before furnishing any information to the consumer report 12 CFR 1016.4 Initial privacy notice to consumers required ( a ) Initial notice requirement You must provide a clear and conspicuous notice that accurately reflects your privacy policies and practices to : ( 1 ) Customer ( 2 ) Consumer 12 CFR 1016.7 Form of opt out notice to consumers ; opt out methods section ( a ) form of Opt-out notice.

if you are required to provide an opt out notice under 1016.10, you must provide a clear and conspicuous notice to each of your consumers that ACCURATELY EXPLAINS THE RIGHT TO OPT OUT UNDER THAT SECTION.

THE NOTICE MUST STATE : THAT YOU DISCLOSE OR RESERVE THE RIGHT TO DISCLOSE NONPUBLIC PERSONAL INFORMATION ABOUT YOUR CONSUMER TO A NONAFFILIATED THIRD PARTY ; ( ii ) THAT THE CONNSUMER HAS THE RIGHT TO OPT OUTOF THE DISCLOSURE ; AND ( iii ) A REASONABLE MEANS BY WHICH THE CONSUMER MAY EXCERCISE THE OPTOUT RIGHT, 15 US CODE 6802 ( a ) Notice requirements a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice to that complies with section 6803 of this title.

15 US Code 6805 - enforcement ( a ) In general I ( XXXX XXXX ) HAVE THE RIGHT TO OPT OUT OF ANYTHING ON MY CREDIT REPORT AT ANYTIME AND THAT NELNETXXXX MUST COMPLY AS SOON AS POSSIBLE AFTER I SENT THEM NOTICE!!!!!!!!!!!!!

Company response to consumer: Closed with explanation