Consumer complaint received 2024-03-27 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: AES/PHEAA
State: MI

Complaint narrative:
On XX/XX/2024 I sent a certified letter to AES stating : RE : Account # XXXX Pursuant to Section 603 ( d ) ( 2 ) ( A ) ( iii ) of the Fair Credit Reporting Act ( FCRA ) and 12 CFR 1016.10 ( a ) ( 1 ) ( i ) ( iv ) ( b ) and ( c ) there are requirements that must be met when informing consumers of their rights and the limits on disclosure of nonpublic personal information to nonaffiliated third parties. Your companys failure to comply with mandated laws has resulted in unlawful reporting of information to my consumer reports. 
12CFR 1016.10 states : ( a ) 1 ) Conditions for disclosure. Except as otherwise authorized in this part, you may not, directly or through any affiliate, disclose any nonpublic personal information about a consumer to a nonaffiliated third party unless : ( i ) You have provided to the consumer an initial notice as required under 1016.4 of this part ; ( ii ) You have provided to the consumer an opt out notice as required in 1016.7 of this part ; ( iii ) You have given the consumer a reasonable opportunity, before you disclose the information to the nonaffiliated third party, to opt out of the disclosure; and ( iv ) The consumer does not opt out. 
( b ) Application of opt out to all consumers and all nonpublic personal information. 
( 1 ) You must comply with this section, regardless of whether you and the consumer have established a customer relationship.

( 2 ) Unless you comply with this section, you may not, directly or through any affiliate, disclose any nonpublic personal information about a consumer that you have collected, regardless of whether you collected it before or after receiving the direction to opt out from the consumer.

( c ) Partial opt out. You may allow a consumer to select certain nonpublic personal information or certain nonaffiliated third parties with respect to which the consumer wishes to opt out.

Furthermore, pursuant to FCRA 623 ( a ) ( 7 ) ( G ) ( i ) You must provide the notice either before you furnish the negative information or within 30 days of furnishing it. You may include the notice with a notice of default, a billing statement, or another item sent to the consumer, but you can not send it with a Truth In Lending Act notification. The notices must be clear and conspicuous. Your company has failed to comply with FCRA 623 ( a ) ( 7 ) ( G ) ( i ) as well. 

Your companys failure to comply with the laws referenced above are an egregious violation of my rights as a consumer. Promptly remove any accounts and any information associated with said accounts from any nonaffiliated third party data bases including but not limited to XXXX, XXXX and XXXX. Failure to do so will require me to seek alternative remedies. 

They sent a response letter stating they received my letter but they need more information to allow them to investigate. Both letters are attached. My letter was clear, they violated my rights and they have all the information they need.

Company response to consumer: Closed with explanation