Consumer complaint received 2024-08-11 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: GA

Complaint narrative:
DEPT OF EDUCATION/NELNET XXXX XXXX, XXXX, and XXXX are in violation of The Family Educational Rights and Privacy Act of 1974. FERPA, also known as the Buckley Amendment, is a federal law that protects the privacy of student education records. Key points of the law include : Ownership of Records : Students own their education records and have the right to inspect and review them. 
Consent for Disclosure : Schools generally can not disclose personally identifiable information ( PII ) from student records without written consent. it prohibits educational institutions from disclosing personally identifiable information in education records without the written consent of the student, or, if the student is a minor, the student 's parents. ( 20 U.S.C.S. 1232g ( b ) ) .Schools may disclose, without consent, " directory '' information such as a student 's name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. Transaction history is prohibited under this law, which covers the amount of the educational loan and payment methods or deferment. Their actions constitute unauthorized and illegal reporting of my educational records, specifically the transaction history, to consumer reporting agencies. This action by DEPT OF EDUCATION/NELNET is a clear violation of the Family Education Rights and Privacy Act ( FERPA ) of 1974. The Family Education Rights and Privacy Act ( FERPA ) safeguards educational records, encompassing a wide array of information, including but not limited to grades, transcripts, disciplinary records, and personally identifiable information ( PII ) directly linked to a student. Transaction history pertinent to educational loans or financial matters, although not explicitly outlined in FERPA, falls squarely within the realm of protected information due to its direct association with the educational journey and financial status of the student. As custodians of these records, DEPT OF EDUCATION/NELNET is bound by FERPA regulations. However, they have egregiously disregarded these regulations by reporting transaction histories to consumer reporting agencies without obtaining my explicit consent, thereby breaching the privacy rights guaranteed under FERPA. Moreover, the Privacy Act of 1974 supplements FERPA by regulating the collection, use, and dissemination of personal information by federal agencies. This act establishes stringent measures to ensure confidentiality, accuracy, relevance, and proper use of personal information. DEPT OF EDUCATION/NELNET disclosure of my transaction history to consumer reporting agencies without my explicit consent constitutes a blatant violation not only of FERPA but also of the broader principles established under the Privacy Act of 1974. These actions compromise the confidentiality and privacy protections afforded to my educational records and personal information, resulting in tangible financial damages and emotional distress. Despite my attempts to rectify this matter directly with DEPT OF EDUCATION/NELNET , their failure to acknowledge or resolve the issue necessitates the intervention of the Consumer Financial Protection Bureau .

DEPT OF EDUCATION/NELNET actions also violate the Consumer Financial Protection Act ( CFPA ) - 12 CFR 31.3 and the CFPA 's prohibition against unfair, deceptive, or abusive acts or practices. By continuing to report the transaction history of my educational affairs, DEPT OF EDUCATION/NELNET is engaging in deceptive conduct that harms consumers ( Me ).

Furthermore DEPT OF EDUCATION/NELNET has violated my rights under the Privacy Act of 1974. The Privacy Act of 1974, as amended, 5 U.S.C. 552a, establishes a code of fair information practices that governs the collection, maintenance, use, and dissemination of information about individuals that is maintained in systems of records by federal agencies. A system of records is a group of records under the control of an agency from which information is retrieved by the name of the individual or by some identifier assigned to the individual. The Privacy Act prohibits the disclosure of a record about an individual from a system of records absent the written consent of the individual, unless the disclosure is pursuant to one of twelve statutory exceptions. DEPT OF EDUCATION/NELNET improperly disclosed my personal information to credit reporting agencies, specifically XXXX, XXXX, and XXXX without my permission.

Additionally, DEPT OF EDUCATION/NELNET has violated the GLBA ( 15 U.S.C. 6802, also known as section 502 ( b ) of the Gramm-Leach-Bliley Act ) by failing to provide me with a clear and conspicuous notice of their intent to share my nonpublic personal information with nonaffiliated third parties, such as XXXX, XXXX, and XXXX. This coincides with 16 CFR 313.7 ( Form of opt out notice to consumers ; opt out methods ) 16 CFR 313.10 ( Limits on disclosure of non-public personal information to nonaffiliated third parties ) and 248.124 ( Reasonable opportunity to opt out ). 

Supporting Documentation : Credit Reports to Show Lack of Unison and Accurate Reporting Opt Out Letter to DEPT OF EDUCATION/NELNET that was ignored I request that the CFPB investigate this matter and take appropriate action against DEPT OF EDUCATION/NELNET XXXX XXXX XXXX XXXX, and XXXX. I seek the removal of the inaccurate information from my credit report, as well as compensation deemed appropriate and upholding the law per violation committed.

Company response to consumer: Closed with explanation