Consumer complaint received 2025-04-04 00:00:00
Product: Student loan — Federal student loan servicing
Issue: Dealing with your lender or servicer — Received bad information about your loan
Company: MOHELA
State: NJ

Complaint narrative:
I am writing to formally demand the immediate discharge of my XXXX XXXX in their entirety, and the immediate cessation of any collections or other financial obligations associated with these loans, due to the unlawful and unauthorized access of my personal financial records by XXXX XXXX and Dodge. The actions taken by these parties, which I have reason to believe were conducted with or through your departments involvement, constitute a serious violation of federal and state privacy laws, including but not limited to the Right to Financial Privacy Act ( RFPA ), the Gramm-Leach-Bliley Act ( GLBA ), and New Jerseys Consumer Fraud Act, among others. 

This unauthorized access of my financial data without my express consent is not only a breach of my privacy rights but also an egregious violation of multiple legal protections that safeguard consumer data.

I. VIOLATION OF FEDERAL PRIVACY LAWS Right to Financial Privacy Act ( RFPA ), 12 U.S.C. 3401 et seq.

The RFPA was designed to protect the privacy of personal financial information and restricts the unauthorized access of financial records by any government agency or third party. The actions of XXXX XXXX and Dodge in accessing my student loan records without my consent are a direct violation of this law. The RFPA requires that consumers be notified when their financial records are accessed, and in this case, no such notice was provided to me, further compounding the violation. 

Gramm-Leach-Bliley Act ( GLBA ), 15 U.S.C. 6801 et seq.

The GLBA mandates that financial institutions, including student loan servicers, establish privacy policies and procedures to safeguard consumers ' nonpublic personal information. The unauthorized access of my financial data by XXXX XXXX and Dodge constitutes a flagrant violation of the GLBA, as it has failed to protect my sensitive information. The act mandates consumer notification, which was not provided in this case. 

Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq.

The FCRA regulates the collection, dissemination, and use of consumer credit information. Unauthorized access to my financial information by third parties, including any disclosure to unauthorized parties, violates the provisions under the FCRA. Additionally, the student loan servicers failure to inform me of such actions or to properly safeguard my data further compounds these violations.

II. VIOLATION OF NEW JERSEY STATE LAWS New Jersey Consumer Fraud Act ( CFA ), N.J.S.A. 56:8-1 et seq.

Under the New Jersey Consumer Fraud Act, it is unlawful for businesses to engage in deceptive or fraudulent practices, including the unauthorized access of personal financial records. The unauthorized viewing of my financial data by XXXX XXXX and Dodge constitutes an unfair or deceptive practice under this statute. I demand that you take immediate action to rectify this breach, including the complete discharge of my XXXX XXXX  as per the terms that would have applied had this unauthorized access never occurred. 

New Jerseys Data Breach Notification Law, N.J.S.A. 56:8-161 et seq.

Under New Jersey 's Data Breach Notification Law, any entity that accesses a consumers personal financial information is required to notify that consumer within a reasonable time frame. I have not received such a notification and therefore demand an immediate explanation of how and why my private financial records were accessed, as well as the immediate removal of any such unauthorized access and the discharge of my XXXX XXXX 

New Jerseys Identity Theft Protection Act, N.J.S.A. 56:11-1 et seq.

Given the unauthorized access to my private financial records, I believe this incident could also be considered an act of identity theft under New Jerseys Identity Theft Protection Act. Any action or access by XXXX XXXX and Dodge is a direct violation of my right to privacy and protection under New Jersey law.

III. DEMAND FOR REMEDIAL ACTION Based on the unauthorized access of my financial records by XXXX XXXX and Dodge, I demand the following : Immediate discharge of my student loans, in accordance with the laws governing consumer protection and privacy rights, including but not limited to the RFPA, GLBA, FCRA, and New Jersey privacy laws. 

A full written explanation from your department detailing how and why XXXXXXXX XXXX and Dodge gained access to my financial records, and what actions have been taken to rectify this breach. 

A formal apology from both XXXXXXXX XXXX and Dodge for their unlawful actions, along with their acknowledgment of violating my privacy.

Immediate cessation of any further actions relating to the collection or servicing of these loans, and the removal of any and all negative credit reporting related to this debt from my credit reports.

Full restitution of any fees or charges applied to my account as a result of this unlawful breach of privacy.

A copy of all internal communications within your department and with XXXX XXXX and Dodge regarding my student loan account and any access to my private financial records.

If I do not receive a satisfactory response to this demand within 10 business days of receipt of this letter, I will take all necessary legal actions to pursue civil damages, including seeking a lawsuit for breach of privacy, violations of the Fair Debt Collection Practices Act ( FDCPA ), and any other relevant claims.

IV. CONCLUSION Let this letter serve as an official notice of my intent to take legal action if these violations are not rectified immediately. I trust that you will take swift action to address this issue and make me whole for the harm caused by the breach of my privacy and the subsequent mishandling of my XXXX XXXX account.

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