Consumer complaint received 2024-01-17 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: MOHELA
State: AL

Complaint narrative:
CFPG Complaint : Per the FCRA, as a Federally protected consumer, I am now opting out of any and all authorization to report my information to a third party, I the consumer may have given you written, unwritten, verbal, and nonverbal per 15 USC 6802. According to The Fair Credit Act, 15 U.S. Code 1681, and 16 CFR Part 602, There is a need to ensure that consumer reporting agencies exercise their grave responsibilities, with fairness and a respect for the consumerss right to privacy. XXXX XXXX, XXXX, and XXXX are consumer reporting agencies and I am the consumer. 15 U.S. Code 6801 states that 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., therefore I have the right to make sure that my private information isnt shared. Mohela is a financial institution by definition under that title.

15 USC 1681 states : ( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, or a subpoena issued in connection with proceedings before a Federal grand jury. ( 2 ) In accordance with the written instructions of the consumer to whom it relates. Mohela, the financial institution and the Consumer reporting agencies XXXX, XXXX, and XXXX do not have my consent to furnish this information and they do not have my written consent. Any and all consent to XXXX, XXXX, and Mohela, whether it verbal, non-verbal, written, implied, or otherwise is revoked per 15 USC 6802 b, which states, A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option.

Mohela never informed me of my right to exercise my nondisclosure option. Also 15 USC 1681c states, Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information : ( 5 ) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years This account is an adverse item they are reporting again without my permission which is against the law. 15 USC 1681s-2 ( A ) ( 1 ) states A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 15 USC 1681e states Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. XXXX and XXXX are not maintaining reasonable procedures. 
Also, 12 CFR 1016.7 states that a consumer has the right to opt-out at any time. I am exercising my right to opt out of your reporting services. 15 USC 1681 ( b ) ( 2 ) Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates. These companies do not have my written consent to add anything to my consumer report ; their furnishing information violates the Fair Credit Reporting Act. In 15 USC 1681c it says Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information : ( 5 ) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. No adverse item besides the convictions of crimes should be on my report. And any item that is a derogatory mark is not allowed into consumer reports, this is a violation as well.

The Family Education Rights and Privacy Act ( FERPA ) ( 20 U.S.C. 1232g ; 34 CFR Part 99 ) is a federal law enacted in 1974 that protects the privacy of student education records. FERPA applies to all schools that receive funds under an applicable program of the U.S. Department of Education.

5 US Code 552a, important definitions : ( 4 ) the term record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to his education, financial transaction, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger 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 communication to a person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be ( 120 to a consumer reporting agency in accordance with section 3711 ( e ) of title 31. They need prior written instruction of the individual to whom it relates.

Section 3711 ( e ) of title 31 states ( 1 ) When trying to collect a claim of the Government under a law except the Internal Revenue Code of 1986 ( 26 U.S.C. 1 et seq. ), the head of an executive, judicial, or legislative agency shall disclose to a consumer reporting agency information from a system of records that a person is responsible for a claim if ( E ) the head of the agency has established procedures to ( iii ) get satisfactory assurances from each consumer reporting agency that the agency is complying with all laws of the United States related to providing consumer credit information ; 15 U.S. Code 6805 - Enforcement ( a ) In general Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, 16 CFR 313.7 Form of opt out notice to consumers ; opt out methods.

( a ) ( 1 ) Form of opt-out notice. If you are required to provide an opt out notice under 313.10 ( a ), 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 : 16 CFR 433.2 Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices.

In connection with any sale or lease of goods or services to consumers, in or affecting commerce as commerce is defined in the Federal Trade Commission Act, it is an unfair or deceptive act or practice within the meaning of section 5 of that Act for a seller, directly or indirectly 16 CFR 433.3 Exemption of sellers taking or receiving open end consumer credit contracts before XX/XX/XXXX from requirements of 433.2 ( a ).

( a ) Any seller who has taken or received an open end consumer credit contract before XX/XX/XXXX, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation