Consumer complaint received 2024-01-30 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: Nelnet, Inc.
State: OH

Complaint narrative:
Attempts were made to correct personal information on consumer credit report. What was revealed was unfair usage of personal information residing in the areas of promotional inquiries. Where by the consumer believes that there is language fraud and unconsented sharing of account information to 3rd party companies and agencies.

All reports show incorrect information when it comes to the consumer 's name, address, phone number, email, payment status, balances and dates of when the accounts were opened, charged-off or closed.

" Referring to Code of Federal Regulations 16 CFR 433.2, emphasizes the preservation of consumers ' claims and defenses, unfair or deceptive acts or practices by providing recourse to consumers who otherwise would be legally obligated to make full payment to a creditor despite breach of warranty, misrepresentation, or even fraud on the part of the seller. 

16 CFR 433.2 states that 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, to : ( a ) Take or receive a consumer credit contract which fails to contain the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. 

16 CFR 433.3 states " exemption of sellers taking or receiving open end consumer credit contracts before XX/XX/XXXX from requirements of 16 CFR 433.2 ( a ).

Also for the " Promotional Inquiries '' in 17 CFR 230.425 - Filing of certain prospectuses and communications under 230.135 in connection with business combination transactions. The inquiries are in violation of this code as well. 


" Referring to the Fair Credit Reporting Act, specifically 15 USC 1681 section 602 ( a ), it emphasizes the necessity to ensure that consumer reporting agencies fulfill their significant responsibilities with fairness, impartiality, and a commitment to safeguarding the consumer 's right to privacy. XXXX and XXXX function as consumer reporting agencies, and I, as the consumer, possess the right to ensure that my private information is not shared, supported by 15 USC 6801. This section outlines the Congress 's policy, emphasizing financial institutions ' affirmative and continuous obligation to respect customer privacy and safeguard their nonpublic personal information. 

As per 15 USC 1681 section 604 ( a ) ( 2 ), a consumer reporting agency may only furnish a consumer report in accordance with the written instructions of the respective consumer. The financial institution, also considered a furnisher of information to credit agencies, does not have my consent to provide this information, as stated in 15 USC 1681 section 604 ( a ) ( 2 ). Furthermore, 15 USC 6802 ( b ) ( c ) prohibits financial institutions from disclosing nonpublic personal information to nonaffiliated third parties without providing an explanation of how consumers can exercise their nondisclosure option. Unfortunately, the furnisher of information to credit agencies did not inform me of this right. 

Adding to this, 15 USC 1681C ( a ) ( 5 ) explicitly states that no consumer reporting agency may include adverse information in a consumer report, except as authorized under subsection ( b ) or for records of crime convictions beyond seven years. The inclusion of the adverse items on my account without permission is a violation of the law. Additionally, according to 15 U.S. Code 1681s2 ( a ) ( 1 ) ( A ), providing inaccurate information to a consumer reporting agency is strictly prohibited. 

XXXX and XXXX, as consumer reporting agencies, are required by 15 U.S. Code 1681e to maintain reasonable procedures to avoid violations of the Fair Credit Reporting Act. It appears they are not fulfilling this obligation. 

Moreover, 12 CFR 1016.7 asserts that a consumer has the right to opt out at any time. Therefore, I am officially opting out of your reporting services. ''

Company response to consumer: Closed with explanation