Consumer complaint received 2024-04-07 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: FL

Complaint narrative:
Regarding any and all accounts held with XXXX and NELNET/DEPT OF ED as followed : XXXX XXXX XX/XX/XXXX DEPT OF ED/ NELNET XXXX '' '' XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX The Family Educational Rights and Privacy Act ( FERPA ) ( 20 U.S.C. 1232g ; 34 CFR Part 99 ) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.

FERPA gives parents certain rights with respect to their children 's education records. These rights transfer to the student when he or she reaches the age of XXXX or attends a school beyond the high school level. Students to whom the rights have transferred are " eligible students. '' NELNET and XXXX are not in compliance with the regulations of FERPA. They are both not permitted to release education records ( or personally identifiable information contained therein other than directory information, as defined in paragraph ( 5 ) of subsection ( a ) ) of students without the written consent of their parents to any individual, agency, or organization, other than to the following as summarized : School officials with legitimate educational interest ; Other schools to which a student is transferring ; Specified officials for audit or evaluation purposes ; Appropriate parties in connection with financial aid to a student ; Organizations conducting certain studies for or on behalf of the school ; Accrediting organizations ; To comply with a judicial order or lawfully issued subpoena ; Appropriate officials in cases of health and safety emergencies ; and State and local authorities, within a juvenile justice system, pursuant to specific State law.

The penalty for noncompliance with the Family Educational Rights and Privacy Act ( FERPA ) can be the withdrawal of U.S. Department of Education funds from the institution or agency that has violated the law. This applies to schools, school districts, and state education agencies. A third party who improperly discloses personally identifiable information from student records can be prohibited from receiving access to records at the education agency or institution for at least 5 years. State laws on privacy may also apply penalties.

As outlined in 20 U.S.C. 1232g and 34 CFR Part 99, the release of education records is a matter of critical importance, necessitating adherence to strict guidelines. According to the regulations, educational agencies or institutions that receive federal funding must uphold the mandate that educational records or personally identifiable information of students can not be disclosed without parental consent, except in specific circumstances. 

It is imperative for educational entities to adhere closely to these stipulations to safeguard the privacy and confidentiality of students ' educational records effectively. 
The three nationwide consumer reporting agencies- XXXX, XXXX, and XXXX do not fall under the following individuals, agencies, or organizations as listed in 20 U.S.C. 1232g. So they are all prohibited from reporting any information or disclosing records without my consent. This protection ensures that my personal information remains confidential and secure, maintaining the privacy rights of consumers, like myself.

The stringent protocols outlined in the statutes serve to ensure that my information is handled with utmost care and in compliance with established legal frameworks, emphasizing the significance of protecting sensitive educational records in various contexts.

In addition, according to 15 U.S. Code 1681a, the term " consumer report '' excludes reports that solely contain information regarding transactions or interactions between the consumer and the reporting entity. It should be noted that it is prohibited under this law, that XXXX, XXXX and XXXX have disclosed transaction histories throughout the entirety of my consumer credit reports. 

According to the Privacy Act of 1974 ( 5 U.S. Code 552a ), several key definitions are outlined to help understand the scope of this legislation. Notably, these definitions apply to consumer reports.

( a ) Definitions.For purposes of this section ( 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 transactions, 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 ; ( 5 ) the term system of records means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual ; Moreover, the Act prohibits agencies from disclosing records from a system of records through any form of communication unless authorized by the individual or with their written consent. An exception to this rule allows disclosure to consumer reporting agencies as specified in section 3711 ( e ) of title 31. Once again, this disclosure must be made with the prior written approval of the individual concerned to safeguard their privacy rights.

In continuance of 5 U.S. Code 552a, the conditions of disclosure are as followed : ( b ) Conditions of Disclosure.No agency shall disclose any record which is contained in a system of records by any means of communication to any 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 ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31.

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 ; and By disclosing my records, without my written request and without my prior consent, XXXX, XXXX and XXXX have violated and are non-compliant with both the FCRA and the Privacy Act of 1974 ( 5 U.S. Code 552a ) In light of the information provided, it is evident that safeguarding one 's right to privacy is paramount. Failure to do so can lead to reputational damage. And under notification can result in fines and penalties due to negligence and non-compliance.

Referring to the pertinent definitions outlined in the 15 U.S. Code 1681a, it is crucial to comprehend key terms such as " consumer reporting agency, '' " consumer, '' and " consumer report. '' These definitions establish the groundwork for understanding the regulations and protections surrounding consumer credit information and privacy. 
Important Definitions from 15 U.S. Code 1681a - Definitions ; rules of construction The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. 
The term consumer means an individual. 
The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living ( 2 ) Exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Furthermore, it is crucial to note the exclusions specified under the code, particularly that a report solely detailing transactions or interactions between the consumer and the reporting entity is not considered a consumer report. Additionally, any disclosure of transaction history without proper authorization is deemed unlawful and a violation of privacy rights. It is deemed unlawful and a violation of my privacy rights, that XXXX, XXXX and XXXX have disclosed/reported transaction history on my consumer report without the proper authorization from me.

Company response to consumer: Closed with explanation