{"took":353,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":51,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"13668109","_score":18.398842,"_source":{"product":"Student loan","complaint_what_happened":"To Whom It May Concern, I am writing to formally follow up on a written inquiry I submitted to the XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ago regarding serious concerns about the unauthorized access and potential misuse of my student loan data. My letter, which requested a full audit and investigation into whether my personally identifiable information had been improperly accessed, was delivered by mail and confirmed via USPS tracking. \n\nDespite the passage of over XXXX weeks, I have not received any acknowledgment or response to my inquiry. The lack of communication is deeply concerning, especially given the sensitivity of the issue and the potential violation of my privacy rights under the Privacy Act of 1974. \n\nI respectfully request immediate confirmation that my letter has been received and that appropriate action is being taken to investigate my concerns. For your reference, I can provide the USPS tracking number and delivery confirmation upon request. \n\nThank you for your prompt attention to this matter. \n\nSincerely, XXXX XXXX","date_sent_to_company":"2025-05-30T18:14:01.000Z","issue":"Dealing with your lender or servicer","sub_product":"Private student loan","zip_code":"10456","tags":null,"has_narrative":true,"complaint_id":"13668109","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"MOHELA","date_received":"2025-05-22T18:34:24.000Z","state":"NY","company_public_response":null,"sub_issue":"Need information about your loan balance or loan terms"},"highlight":{"complaint_what_happened":["My letter, which requested a full <em>audit</em> and <em>investigation</em> into <em>whether</em> my <em>personally</em> identifiable information had been improperly accessed, was delivered by mail and confirmed via USPS tracking. \n\nDespite the passage of over XXXX weeks, I have not received any acknowledgment or response to my inquiry. The lack of communication is deeply concerning, especially given the sensitivity of the issue and the potential violation of my privacy rights under the Privacy Act of 1974."]},"sort":[18.398842,"13668109"]},{"_index":"complaint-public-v1","_id":"13651767","_score":18.382637,"_source":{"product":"Student loan","complaint_what_happened":"To Whom It May Concern, I am writing to formally follow up on a written inquiry I submitted to the XXXX XXXX XXXXXXXX XXXX XXXX XXXX days ago regarding serious concerns about the unauthorized access and potential misuse of my student loan data. My letter, which requested a full audit and investigation into whether my personally identifiable information had been improperly accessed, was delivered by mail and confirmed via XXXX tracking. \n\nDespite the passage of over XXXX weeks, I have not received any acknowledgment or response to my inquiry. The lack of communication is deeply concerning, especially given the sensitivity of the issue and the potential violation of my privacy rights under the Privacy Act of 1974. \n\nI respectfully request immediate confirmation that my letter has been received and that appropriate action is being taken to investigate my concerns. For your reference, I can provide the XXXX tracking number and delivery confirmation upon request. \n\nThank you for your prompt attention to this matter. \n\nSincerely, XXXX XXXX XXXX","date_sent_to_company":"2025-05-30T18:14:07.000Z","issue":"Dealing with your lender or servicer","sub_product":"Private student loan","zip_code":"10456","tags":null,"has_narrative":true,"complaint_id":"13651767","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"MOHELA","date_received":"2025-05-22T16:10:26.000Z","state":"NY","company_public_response":null,"sub_issue":"Need information about your loan balance or loan terms"},"highlight":{"complaint_what_happened":["My letter, which requested a full <em>audit</em> and <em>investigation</em> into <em>whether</em> my <em>personally</em> identifiable information had been improperly accessed, was delivered by mail and confirmed via XXXX tracking. \n\nDespite the passage of over XXXX weeks, I have not received any acknowledgment or response to my inquiry. The lack of communication is deeply concerning, especially given the sensitivity of the issue and the potential violation of my privacy rights under the Privacy Act of 1974."]},"sort":[18.382637,"13651767"]},{"_index":"complaint-public-v1","_id":"21856068","_score":15.037121,"_source":{"product":"Checking or savings account","complaint_what_happened":"I am a PNC Bank customer. Between approximately late XXXX and early XXXX, my personal account was accessed without a legitimate business purpose by XXXX XXXX ( XXXX ID XXXX ), a Federal Mortgage Loan Originator at the XXXX XXXX branch in XXXX, XXXX XXXX XXXX was my partner of approximately five years at the time.\n\nIn XX/XX/XXXX, XXXX XXXX disclosed in writing via text message that PNC had identified his access to my account and issued him a final written warning. He also disclosed that PNC had specifically instructed him not to access accounts of individuals he knew personally indicating PNC was already on notice of this policy concern. The business purpose he provided to PNC for accessing my account checking my interest rate for a \" rate exception '' was not accurate. My rate exception had been processed in XX/XX/XXXX at the XXXX XXXX PNC branch by a banker named XXXX. XXXX XXXX was not working that day ; he accompanied me to the appointment as my partner. He was personally present when the rate exception was completed and had no legitimate need to \" check '' it later from the XXXX branch. \n\nXXXX XXXX also verbally disclosed to me that he had accessed my account in XX/XX/XXXX, around XXXX. He admitted that he typed in my information, viewed my transaction history, and immediately clicked out of the account. While this disclosure was verbal rather than written, it indicates that the documented XX/XX/XXXX incident was not the only unauthorized access of my account. \n\nOn XX/XX/XXXX, XXXX XXXX sent a group message via personal device to two PNC coworkers Lead Teller XXXX XXXX and banker XXXX XXXX discussing our relationship and my concerns about his interactions with those coworkers. This communication demonstrates that the unauthorized access to my account occurred in the context of overlapping personal and workplace dynamics involving multiple employees at the same branch. \n\nOn XX/XX/XXXX, I sent a written message to Lead Teller XXXX XXXX requesting that her communication with XXXX XXXX remain professional only. She attempted to contact me by phone after I declined further communication. \nOn XX/XX/XXXX, I submitted a formal complaint through the PNC customer portal ( Reference # XXXX ) requesting a privacy audit of all employee access to my account, including dates, times, user identification, and business purpose. Executive Client Relations Specialist XXXX XXXX acknowledged the complaint on XX/XX/XXXX, and I spoke with him by phone on XX/XX/XXXX. He assured me that PNC was taking this very seriously and assisted in placing a verbal password on my account. \nDespite my formal request, I received no written documentation of the investigation findings. \n\nOn XX/XX/XXXX, I contacted PNC through the secure messaging portal for a status update on Reference # XXXX. A PNC portal agent acknowledged the message and stated she had \" forwarded the details of your experience to the proper area, '' but no substantive update on the investigation status was provided. Later the same day, a separate PNC representative contacted me by phone. I do not have a record of this representative 's name. During that phone call, the representative refused to provide any information about the investigation and stated I would need a subpoena to obtain any details whatsoever. This response indicated that PNC was not willing to communicate basic procedural information about my own privacy complaint without legal compulsion. \nAfter more than 60 days without a written response from Executive Client Relations, I sent a follow-up email on XX/XX/XXXX, citing the Pennsylvania Breach of Personal Information Notification Act and requesting written confirmation of audit findings, scope of access, and whether the access complied with PNC policy . On XX/XX/XXXX, I sent additional emails attaching documentary evidence. On XX/XX/XXXX and XX/XX/XXXX, XXXX XXXX responded but refused to provide any information in writing and attempted several times to continue the conversation by phone. His initial refusal cited email security concerns ; when I offered to receive the response through PNC 's own secure message portal, this was also declined without explanation. \n\nAs of XX/XX/XXXX, XXXX XXXX XXXX shows XXXX XXXX remains actively authorized to represent PNC at the XXXX XXXX branch. \n\nAs of the date of this complaint, PNC has not provided a written accounting of who accessed my account, whether the access was authorized, whether my information was improperly used, or what corrective actions were taken. \n\nI am requesting a full written audit of all employee access to my account and confirmation of whether any policy violations occurred. Given XXXX XXXX 's verbal admission of the XX/XX/XXXX access, I am also requesting confirmation of whether the audit covered all access to my account, not only the XX/XX/XXXX incident PNC initially flagged. \n\nXXXX XXXX also told me that the reason he was flagged in XX/XX/XXXX was because we shared the same address at the time. If PNC 's controls only flag access when an address match is detected, this raises serious concerns about the adequacy of PNC 's access control framework. Why wasn't the XX/XX/XXXX access flagged when we also shared an address at that time? I work professionally in cybersecurity and compliance, and underwent a 6C public trust clearance investigation in order to access sensitive customer data in my own role. The apparent reliance on address-based access flagging as a primary control falls well below the standards expected for protecting non-public personal information. The average bank employee should not have easier access to a customer 's full financial information than a cleared professional has to data under formal background investigation procedures.\n\nI have since changed my address on my account, but I have no confidence that PNC has implemented sufficient controls to prevent further unauthorized access by the individuals named in this complaint.\n\nBecause of PNC 's handling of this matter, after being a PNC customer for six years, I have begun the process of migrating all of my finances to XXXX XXXX. Every day I check my PNC app and wonder who can see my information, because PNC has not taken my complaints or my evidence seriously enough to provide me with any written confirmation that my account is secure.","date_sent_to_company":"2026-05-04T16:48:06.000Z","issue":"Managing an account","sub_product":"Other banking product or service","zip_code":"186XX","tags":null,"has_narrative":true,"complaint_id":"21856068","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"PNC Bank N.A.","date_received":"2026-05-04T15:36:29.000Z","state":"PA","company_public_response":null,"sub_issue":"Problem accessing account"},"highlight":{"complaint_what_happened":["As of the date of this complaint, PNC has not provided a written accounting of who accessed my account, <em>whether</em> the access was authorized, <em>whether</em> my information was improperly used, or what corrective actions were taken. \n\nI am requesting a full written <em>audit</em> of all employee access to my account and confirmation of <em>whether</em> any policy violations occurred."]},"sort":[15.037121,"21856068"]},{"_index":"complaint-public-v1","_id":"1381772","_score":13.85739,"_source":{"product":"Mortgage","complaint_what_happened":"Ocwen Loan Servicing LLC:1. Applied payments that we made to our mortgage balance. They have conducted an audit and all the payments made the payments still have not been applied. Arrearage payments are to be applied to the mortgage as well. \n2. We have been charged interest on an incorrect mortgage balance due to payments not being applied. \n3. We have been paying on an escrow agreement in XXXX XXXX - made by the previous loan servicer which is due to complete in XXXX XXXX. Ocwen is not honoring the agreement even though they have been accepting the payments since XXXX. I have personally discussed this with Ocwen in XXXX. I was told they saw the additional escrow, knew what it was for. I asked them if they were responsible for the entire loan including the history form Litton Loan Servicing and was told be the representative that they were and assured me everything was in order. From time to time Ocwen charges a late fee, in error, for a payment we sent on time. Maybe they 're attempting to add that - which would be wrong. \n4. Ocwen was told that the balance was incorrect and asked them to investigate whether all payments had been applied. I was told all payments made to the mortgage were applied to the mortgage balance. All payments have been accepted, but not applied to the mortgage balance. \n5 From the audit Ocwen performed per their XXXX XXXX Letter to us, it was discovered that all arrearage payments I made by the ch XXXX bankruptcy court were not applied to the mortgage balance. It was shown received, but not applied. It looks like they stole the money. Not applying it now is still a huge problem. It also made and is making us pay interest on an incorrect balance costing us to pay more money than we should. Is n't this against the law? \n6. Payments in arrears were made to the account that were not applied to the mortgage and submitted to the chapter XXXX court in XXXX ( falsely ) as proof of a past due arrearage total. I have discovered proof after the XXXX XXXX letter. Ocwen audited the account in XXXX XXXX and should have applied the payments to the mortgage but did not. \n7. Ocwen has claimed in the XXXX XXXX letter that we have a short fall of the agreement made in XXXX and needed to increase the mortgage balance or pay off the shortfall separately. Ocwen has provided no proof of missed payments ( month and year of each missed payment that resulted in the shortfall ). We would have had to miss XXXX payments in order for the amount they were requesting to be true. We wanted them to show what payments were missed, but they have not. \n8.I was turned down for a business loan in XXXX because Ocwen reported to the credit bureau that I filed a chapter XXXX bankruptcy in XXXX. I disputed it and it was investigated. Ocwen responded to the credit bureau that their information was correct and it remained on my credit report. I called Ocwen and was told they did not report a bankruptcy so I reapplied for the business loan again in XXXX and was turned down because Ocwen reported a ch XXXX bankruptcy to the credit bureau. Ocwen denied it. Then approximately a month ago, Ocwen sent a letter stating that they have removed all notes regarding the bankruptcy. So they did n't tell the truth about not reporting false information to the credit bureau. \n9.Other agencies need to know what happened, including the Chapter XXXX Bankruptcy Court XXXX As there are other violations, such as paying their bankruptcy attorney fees with money that should have been applied to the arrearage, late fee charges, increased the mortgage .... Ocwen audited the loan in XXXX. They saw it and did nothing to correct it. You ca n't just keep the money and make us pay for it all over again.","date_sent_to_company":"2015-05-19T18:22:20.000Z","issue":"Loan servicing, payments, escrow account","sub_product":"Conventional fixed mortgage","zip_code":"45459","tags":null,"has_narrative":true,"complaint_id":"1381772","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Ocwen Financial Corporation","date_received":"2015-05-19T12:45:02.000Z","state":"OH","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["Ocwen was told that the balance was incorrect and asked them to <em>investigate</em> <em>whether</em> all payments had been applied. I was told all payments made to the mortgage were applied to the mortgage balance. All payments have been accepted, but not applied to the mortgage balance. \n5 From the <em>audit</em> Ocwen performed per their XXXX XXXX Letter to us, it was discovered that all arrearage payments I made by the ch XXXX bankruptcy court were not applied to the mortgage balance."]},"sort":[13.85739,"1381772"]},{"_index":"complaint-public-v1","_id":"13063889","_score":13.2072525,"_source":{"product":"Mortgage","complaint_what_happened":"I am submitting this formal complaint to request an immediate investigation and resolution concerning the mishandling of my mortgage, an unauthorized transfer of loan servicing, a potential data breach, and a significant increase in my monthly mortgage payment without justification. \n\nOriginally, my mortgage was serviced by United Wholesale Mortgage under loan number XXXX. During the time we were actively paying this loan, we became aware of a data breach involving United Wholesale Mortgage. This incident raised serious concerns about the handling of sensitive financial and personal information, and to this day, we have not been provided with an adequate explanation or resolution regarding the breach. \n\nSubsequently, we received a brief notice stating our loan would be transferred. I personally contacted United Wholesale Mortgage to get clarity. On XX/XX/XXXX, at XXXX XXXX, I spoke with XXXX from the XXXX XXXX XXXX. She informed me that our mortgage was transferred in XX/XX/XXXX and that it is common practice for loans to be sold in pools so the company can continue to lend to other customers. However, no specific reason was given for the transfer of my individual loan, and I was told this was part of a general business decision. XXXX also stated that our loan would once again be transferred, this time from our current servicer, XXXX. XXXX, despite our objection and without providing an opportunity for consent or input. \n\nAs a result of the first transfer, we are now paying over {$200.00} more per month to XXXX. XXXX under the same loan number ( XXXX ), which is severely impacting our finances. We were not given the opportunity to negotiate, nor was a full explanation provided for the increase. This appears to be in violation of the Real Estate Settlement Procedures Act ( RESPA ), which requires that borrowers be notified of transfers at least 15 days prior, and mandates that servicers act in good faith, ensuring that borrowers are not subject to unreasonable changes or practices. \n\nGiven these facts, I respectfully request that the FTC initiate a formal investigation and take the following actions : Investigate the data breach at United Wholesale Mortgage and assess the potential misuse of our financial data. \nAudit the loan transfer process, including whether it complied with RESPA and consumer protection standards. \nDetermine the legality of these back-to-back transfers and whether they were executed in accordance with federal guidelines. \nAssist in obtaining a refund or financial compensation for the overpayments we have made since the loan was transferred. \nSupport a mortgage reassessment or adjustment to restore more affordable terms and potentially eliminate PMI or reduce the principal. \nEnsure no further transfers of our loan occur without our express written consent and full disclosure of terms. \nThis situation has not only caused financial distress but also violated our trust as consumers. We believe this is a systemic issue that deserves regulatory attention and legal review. I am requesting your help in holding these institutions accountable and in protecting the rights of consumers like myself.I am prepared to submit additional documentation, including call logs, payment records, and correspondence, to support my claims.","date_sent_to_company":"2025-04-18T17:53:17.000Z","issue":"Trouble during payment process","sub_product":"FHA mortgage","zip_code":"95116","tags":null,"has_narrative":true,"complaint_id":"13063889","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"United Shore Financial Services, LLC","date_received":"2025-04-18T17:38:57.000Z","state":"CA","company_public_response":null,"sub_issue":"Loan sold or transferred to another company"},"highlight":{"complaint_what_happened":["Given these facts, I respectfully request that the FTC initiate a formal <em>investigation</em> and take the following actions : <em>Investigate</em> the data breach at United Wholesale Mortgage and assess the potential misuse of our financial data. \n<em>Audit</em> the loan transfer process, including <em>whether</em> it complied with RESPA and consumer protection standards. \nDetermine the legality of these back-to-back transfers and <em>whether</em> they were executed in accordance with federal guidelines."]},"sort":[13.2072525,"13063889"]},{"_index":"complaint-public-v1","_id":"8123392","_score":13.03099,"_source":{"product":"Student loan","complaint_what_happened":"Dear Consumer Financial Protection Bureau, I am writing to file a complaint against Aidvantage/ Maximus LLC regarding what I believe to be a violation of the Family Educational Rights and Privacy Act ( FERPA ). The purpose of this letter is to bring to your attention the specific details of the alleged violation and to request an investigation into the matter.\n\nAccording to FERPA, educational records should be kept confidential, and disclosure of such records without consent is prohibited. I believe that Aidvantage/ Maximus has, personal information shall only be transferred to a third party on the condition that such party will not permit any other party to have access to such information without the written consent of the parents of the student.\n\nI kindly request that the Consumer Financial Protection Bureau conduct a thorough investigation into this matter to determine whether there has been a violation of FERPA by Aidvantage/Maximus . If a violation is found, I request appropriate action be taken to rectify the situation and prevent future occurrences.\n\nThank you for your prompt attention to this matter. I appreciate your efforts in ensuring that consumer rights are protected.\n\n20 U.S. Code 1232g - Family educational and privacy rights b ) Release of education records ; parental consent requirement ; exceptions ; compliance with judicial orders and subpoenas ; audit and evaluation of federally-supported education programs ; recordkeeping ( 1 ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of permitting the release of 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, ( 2 ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of releasing, or providing access to, any personally identifiable information in education records other than directory information, or as is permitted under paragraph ( 1 ) of this subsection, unless ( A ) there is written consent from the students parents specifying records to be released, the reasons for such release, and to whom, and with a copy of the records to be released to the students parents and the student if desired by the parents, ( B ) With respect to this subsection, personal information shall only be transferred to a third party on the condition that such party will not permit any other party to have access to such information without the written consent of the parents of the student. If a third party outside the educational agency or institution permits access to information in violation of paragraph ( 2 ) ( A ), or fails to destroy information in violation of paragraph ( 1 ) ( F ), the educational agency or institution shall be prohibited from permitting access to information from education records to that third party for a period of not less than XXXX years.","date_sent_to_company":"2024-01-08T22:04:34.000Z","issue":"Improper use of your report","sub_product":"Federal student loan servicing","zip_code":"XXXXX","tags":null,"has_narrative":true,"complaint_id":"8123392","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Maximus Federal Services, Inc.","date_received":"2024-01-08T21:55:24.000Z","state":"FL","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["I kindly request that the Consumer Financial Protection Bureau conduct a thorough <em>investigation</em> into this matter to determine <em>whether</em> there has been a violation of FERPA by Aidvantage/Maximus . If a violation is found, I request appropriate action be taken to rectify the situation and prevent future occurrences.\n\nThank you for your prompt attention to this matter. I appreciate your efforts in ensuring that consumer rights are protected.\n\n20 U.S."]},"sort":[13.03099,"8123392"]},{"_index":"complaint-public-v1","_id":"12077311","_score":11.136758,"_source":{"product":"Mortgage","complaint_what_happened":"I am filing this complaint against Bayview Loan Servicing , LLC ( now Community Loan Servicing , LLC ) XXXX XXXX XXXX due to wrongful foreclosure, failure to provide proper foreclosure notice, and failure to return surplus funds related to my property at XXXX XXXX XXXX, XXXX, XXXX.Bayview Loan Servicing foreclosed on my property without properly serving me notice, and I have evidence that no valid public auction took place. Additionally, Bayview falsely claimed that no surplus funds were available from the sale, despite evidence that a surplus should have existed. \nViolations & Key Issues : Failure to Properly Serve Notice of Foreclosure The law firm XXXX XXXX, acting on behalf of Bayview, claims that a Notice of Foreclosure Sale was sent via certified mail. \nHowever, I was never personally served with notice of foreclosure, nor was proof of personal service ever provided. \nThere is no evidence that I received or signed for the foreclosure notices. \nFailure to Hold a Proper Public Auction Bayview states that my home was sold at auction for {$330000.00} on XX/XX/year>. \nHowever, I have been unable to locate any public auction records, newspaper publications, or sale confirmation documents that prove a legitimate auction occurred. \nThere is reason to believe that the foreclosure sale may have been private, fraudulent, or conducted in a manner that violates foreclosure sale requirements. \nMishandling of Escrow Surplus Funds Bayview claims that no surplus funds remained after the foreclosure sale. \nHowever, my mortgage balance at the time of foreclosure was {$390000.00}, while the home was sold for {$330000.00}. \nThis does not account for additional fees and escrow balances, which should have resulted in a surplus amount of approximately {$56000.00}. \nBayview has failed to provide a detailed breakdown of how all funds were applied and why no surplus was available. \nFailure to Communicate & Provide Requested Documentation I have repeatedly requested documentation regarding the foreclosure process, auction details, and application of sale proceeds. \nBayview has ignored requests for full accounting details and has refused to provide verification of the auction sale. \nRequested Resolution : Full investigation into the foreclosure process to determine whether Bayview and XXXX XXXX complied with all legal notice and service requirements. \nAudit of the foreclosure sale and funds to verify if surplus funds were mishandled, improperly withheld, or misapplied. \nDisclosure of all foreclosure-related documentation, including : Proof of valid service of foreclosure notices. \nRecords of public auction advertisements. \nItemized breakdown of foreclosure sale proceeds. \nAny unclaimed surplus funds due to me. \nPotential reversal of wrongful foreclosure if the foreclosure process is found to be legally defective. \nBayview Loan Servicing ( Community Loan Servicing ) must be held accountable for their failure to follow proper foreclosure procedures and mishandling of funds. I request that the CFPB investigate this matter immediately. \nSupporting Documentation : Foreclosure letters from Bayview XXXX XXXX XXXX. \nEvidence showing no record of public auction. \nCommunications with Bayview requesting sale breakdown. \nCFPBs previous correspondence confirming investigation is warranted. \nI am requesting immediate review and regulatory intervention to ensure that Bayview ( Community Loan Servicing ) is held accountable for violating foreclosure procedures and mishandling funds.","date_sent_to_company":"2025-02-21T22:53:33.000Z","issue":"Struggling to pay mortgage","sub_product":"Conventional home mortgage","zip_code":"91605","tags":null,"has_narrative":true,"complaint_id":"12077311","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Community Loan Servicing, LLC (formerly known as Bayview Loan Servicing, LLC)","date_received":"2025-02-15T03:26:09.000Z","state":"CA","company_public_response":null,"sub_issue":"Foreclosure"},"highlight":{"complaint_what_happened":["Requested Resolution : Full <em>investigation</em> into the foreclosure process to determine <em>whether</em> Bayview and XXXX XXXX complied with all legal notice and service requirements. \n<em>Audit</em> of the foreclosure sale and funds to verify if surplus funds were mishandled, improperly withheld, or misapplied. \nDisclosure of all foreclosure-related documentation, including : Proof of valid service of foreclosure notices. \nRecords of public auction advertisements. \nItemized breakdown of foreclosure sale proceeds."]},"sort":[11.136758,"12077311"]},{"_index":"complaint-public-v1","_id":"2759640","_score":10.60744,"_source":{"product":"Mortgage","complaint_what_happened":"XX/XX/XXXX Complaint Against PNC Bank, NA NMLS ID XXXX XXXX, MI Service Center and against XXXX XXXX XXXX, XXXX XXXX XXXX XXXX  NMLS ID XXXX, An Individual Authorized to Represent PNC Bank, National Association On XX/XX/XXXX at approximately XXXX XXXX, in the routine course of servicing my application for a Home Equity Line of Credit during a telephone exchange recorded by PNC Bank, XXXX XXXX, in his capacity of an authorized representative of PNC Bank, NA, did TWICE during the exchange falsely and maliciously accuse me of the federal crime of willfully attempting to commit fraud on my loan application. He clearly stated falsely that I was lying on the application. \nThis constitutes two counts by authorized PNC Bank Representative XXXX XXXX of committing the civil infraction of libel against me and was a defamation of my good character, while XXXX XXXX represented PNC Bank, NA, which bears direct responsibility for his illegal and upsetting acts which are personally injurious to me causing great distress to my well-being since my victimization by XXXX XXXX as he spoke for PNC Bank. \nHaving been the victim of age discrimination I cant help but wonder if PNC Bank encourages bullying of older folks like me. My date of birth was required on my application. I am in the process of discussing this possibility with a legal firm expert in matters of age discrimination. \nI contacted PNC Bank Representative XXXX merely to point out an error ON HIS PART that was delaying processing of my application. I was understandably upset at being called a liar and a felon and I demanded to speak with his supervisor at once. \nXXXX XXXX TWICE REFUSED TO TRANSFER ME TO A SUPERVISOR but upon my insistence finally did so. \nThe PNC Bank supervisor ( name, full title, and NMLS ID available on request ) heard my complaint and promised me that the recording of this call would be saved indefinitely. \nIn an email time stamped XXXX CST on XX/XX/XXXX I received an admission of PNC Bank error : and an apology and excerpted below, full text available on request : In regards to your complaints from the interactions on your call this morning.I did review the call and again apologize any inference taken from the statements made. we are again moving forward with the application. .and again please accept my apology for any misunderstanding. \nI have been contacted by a PNC investigator and will pursue this matter until I receive verification that XXXX XXXX has been subject to disciplinary action by PNC Bank, not excluding suspension or termination of his employment. Anything less will serve as solid proof that PNC Bank approves of, condones, and encourages XXXX XXXX illegal and outrageous behavior. \nThis would surely indicate a more embedded culture of complicity by PNC Bank in areas that might uncover a XXXX XXXX corruption scenario that demands investigation by federal banking and justice authorities and in turn, the news media. Questions should be asked regarding how far up in the executive chain this might go. Like at XXXX XXXX, are instructions to Is the instruction to intimidate PNC Bank customers coming from PNC Bank CEO XXXX XXXX? \nIt will be interesting to see whether my loan is approved since PNC Bank already erroneously ended consideration of it on faulty data recklessly submitted by its authorized representative, XXXX XXXX. That is until I corrected them and demanded my rights. I will certainly demand thorough investigation and audit by regulating authorities for even the slightest irregularities if it is denied.","date_sent_to_company":"2017-12-20T05:26:13.000Z","issue":"Applying for a mortgage or refinancing an existing mortgage","sub_product":"Home equity loan or line of credit (HELOC)","zip_code":"60613","tags":null,"has_narrative":true,"complaint_id":"2759640","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"PNC Bank N.A.","date_received":"2017-12-20T05:18:07.000Z","state":"IL","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["It will be interesting to see <em>whether</em> my loan is approved since PNC Bank already erroneously ended consideration of it on faulty data recklessly submitted by its authorized representative, XXXX XXXX. That is until I corrected them and demanded my rights. I will certainly demand thorough <em>investigation</em> and <em>audit</em> by regulating authorities for even the slightest irregularities if it is denied."]},"sort":[10.60744,"2759640"]},{"_index":"complaint-public-v1","_id":"13180229","_score":10.093053,"_source":{"product":"Debt collection","complaint_what_happened":"This communication is my fourth formal legal notice of the dispute regarding the alleged commercial debt connected to BHG Financial, for which XXXX continues to attempt collection. This response specifically addresses the correspondence received from XXXX XXXX via email on XX/XX/XXXX, at XXXXXXXX XXXX, which included the same incomplete and legally insufficient documentation previously provided by XXXX. Please be advised that your most recent correspondence, like the one before it, does not satisfy the requirements for proper debt validation. This is now your second instance of submitting the same incomplete documents in response to a lawful demand for verification. You are continuing to send the following : a promissory note with my electronic signature, a statement of intended loan purpose dated XX/XX/XXXX, and a generalized payment history ledger. Under federal and commercial law, these documents do not establish legal authority to collect, nor do they verify the debt as required under the law. \n\nAs an individual and personal guarantor, I am entitled to a full and substantive validation of any debt you claim I owe. That includes : proof of your authority to collect in the state of Illinois, pursuant to the Illinois Collection Agency Act ( 225 ILCS 425 ), which you have failed to provide ; full and complete validation under principles derived from Spears v. Brennan, 745 N.E.2d 862 ( Ind. Ct. App. 2001 ), which held that merely providing a contract or account statement is insufficient without a full itemization and supporting evidence of the validity and calculation of the amount claimed ; chain of assignment or collection authorization from the original creditor, BHG Financial, that explicitly states that XXXX is authorized to collect, along with proof of contractual privity ; and evidence that the debt is enforceable under UCC Article 3 and 9 provisions, including whether the debt was securitized or sold, whether any rights of enforcement or collection were retained or assigned, and a complete audit trail of the transaction.\n\nYou continue to communicate exclusively through your company, XXXX, while simultaneously asserting that the account remains owned by BHG. However, your collection activity, communications, and request for payment made out to XXXX constitute direct collection activity under federal law. As such, you are acting as a debt collector and are required to comply with all relevant provisions of the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692, including 1692e and 1692g, the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681s-2, and applicable commercial and contract law standards for fair dealing.\n\nYour continued assertion that this is a 'commercial matter ' and therefore exempt from consumer protection laws is legally and factually flawed. While the underlying loan may have been issued for commercial purposes, I am being personally pursued as an individual guarantor. As such, I am the subject of debt collection communications and am at risk of having this alleged obligation reported on my personal credit profile. Under these conditions, both the Fair Debt Collection Practices Act ( FDCPA ) and the Fair Credit Reporting Act ( FCRA ) remain applicable. Federal courts have consistently held that when a natural person is personally pursued for a debt, regardless of the original business intent, the FDCPA may apply. For example, in Garcia v. LVNV Funding, LLC, 2009 WL 3079962 ( N.D. Ill. 2009 ), the court permitted a consumer to bring an FDCPA claim even though the underlying obligation was business-related, because the collection communication was directed at the individual. Furthermore, the Consumer Financial Protection Bureau ( CFPB ) has affirmed its authority to investigate and enforce collection practices involving personal guarantors when the individuals consumer rights are implicated, especially where credit reporting, misleading representations, or harassment occur. Therefore, your claim that the CFPB has no jurisdiction or that consumer protection laws do not apply here is baseless, and I reserve the right to initiate a formal CFPB complaint as well as legal action to enforce my rights.\n\nYou have now twice sent the same documents despite my detailed and legally grounded objections. If you send these same documents a third time, I will treat such action as willful noncompliance and harassment, and I will refuse further correspondence, submit complaints to the CFPB, FTC, and Illinois Attorney General, and pursue civil damages for violation of the FDCPA and FCRA, including statutory, actual, and punitive damages under 15 U.S.C. 1681n and 1692k. Additionally, if this account is reported to any business or consumer credit reporting agency without full and proper validation, such reporting will constitute defamation, willful negligence, and injurious falsehood, and legal action will be initiated without further notice.\n\nTo be clear : I do not accept the documents you have provided as full validation of the alleged debt. You are hereby formally notified that the debt remains disputed and unvalidated. Continued collection activity without full verification will be treated as a willful and reckless disregard of my consumer and commercial rights.","date_sent_to_company":"2025-04-25T15:59:03.000Z","issue":"Written notification about debt","sub_product":"I do not know","zip_code":"60616","tags":null,"has_narrative":true,"complaint_id":"13180229","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"BANKERS HEALTHCARE GROUP LLC","date_received":"2025-04-25T15:58:37.000Z","state":"IL","company_public_response":null,"sub_issue":"Didn't receive enough information to verify debt"},"highlight":{"complaint_what_happened":["securitized or sold, <em>whether</em> any rights of enforcement or collection were retained or assigned, and a complete <em>audit</em> trail of the transaction."]},"sort":[10.093053,"13180229"]},{"_index":"complaint-public-v1","_id":"13180366","_score":10.091939,"_source":{"product":"Debt collection","complaint_what_happened":"This communication is my fourth formal legal notice of the dispute regarding the alleged commercial debt connected to XXXX XXXX, for which CCMR3 continues to attempt collection. This response specifically addresses the correspondence received from XXXX XXXX via email on XX/XX/XXXX, at XXXXXXXX XXXX, which included the same incomplete and legally insufficient documentation previously provided by CCMR3. Please be advised that your most recent correspondence, like the one before it, does not satisfy the requirements for proper debt validation. This is now your second instance of submitting the same incomplete documents in response to a lawful demand for verification. You are continuing to send the following : a promissory note with my electronic signature, a statement of intended loan purpose dated XX/XX/XXXX, and a generalized payment history ledger. Under federal and commercial law, these documents do not establish legal authority to collect, nor do they verify the debt as required under the law. \n\nAs an individual and personal guarantor, I am entitled to a full and substantive validation of any debt you claim I owe. That includes : proof of your authority to collect in the state of Illinois, pursuant to the Illinois Collection Agency Act ( 225 ILCS 425 ), which you have failed to provide ; full and complete validation under principles derived from XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX  XXXX XXXX. XXXX ), which held that merely providing a contract or account statement is insufficient without a full itemization and supporting evidence of the validity and calculation of the amount claimed ; chain of assignment or collection authorization from the original creditor, XXXX XXXX, that explicitly states that CCMR3 is authorized to collect, along with proof of contractual privity ; and evidence that the debt is enforceable under UCC Article 3 and 9 provisions, including whether the debt was securitized or sold, whether any rights of enforcement or collection were retained or assigned, and a complete audit trail of the transaction. \n\nYou continue to communicate exclusively through your company, CCMR3, while simultaneously asserting that the account remains owned by XXXX. However, your collection activity, communications, and request for payment made out to CCMR3 constitute direct collection activity under federal law. As such, you are acting as a debt collector and are required to comply with all relevant provisions of the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692, including 1692e and 1692g, the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681s-2, and applicable commercial and contract law standards for fair dealing. \n\nYour continued assertion that this is a 'commercial matter ' and therefore exempt from consumer protection laws is legally and factually flawed. While the underlying loan may have been issued for commercial purposes, I am being personally pursued as an individual guarantor. As such, I am the subject of debt collection communications and am at risk of having this alleged obligation reported on my personal credit profile. Under these conditions, both the Fair Debt Collection Practices Act ( FDCPA ) and the Fair Credit Reporting Act ( FCRA ) remain applicable. Federal courts have consistently held that when a natural person is personally pursued for a debt, regardless of the original business intent, the FDCPA may apply. For example, in XXXX XXXX XXXXXXXX XXXX  XXXX, XXXX XXXX XXXX ( XXXX XXXX XXXX ), the court permitted a consumer to bring an FDCPA claim even though the underlying obligation was business-related, because the collection communication was directed at the individual. Furthermore, the Consumer Financial Protection Bureau ( CFPB ) has affirmed its authority to investigate and enforce collection practices involving personal guarantors when the individuals consumer rights are implicated, especially where credit reporting, misleading representations, or harassment occur. Therefore, your claim that the CFPB has no jurisdiction or that consumer protection laws do not apply here is baseless, and I reserve the right to initiate a formal CFPB complaint as well as legal action to enforce my rights. \n\nYou have now twice sent the same documents despite my detailed and legally grounded objections. If you send these same documents a third time, I will treat such action as willful noncompliance and harassment, and I will refuse further correspondence, submit complaints to the CFPB, FTC, and Illinois Attorney General, and pursue civil damages for violation of the FDCPA and FCRA, including statutory, actual, and punitive damages under 15 U.S.C. 1681n and 1692k. Additionally, if this account is reported to any business or consumer credit reporting agency without full and proper validation, such reporting will constitute defamation, willful negligence, and injurious falsehood, and legal action will be initiated without further notice. \n\nTo be clear : I do not accept the documents you have provided as full validation of the alleged debt. You are hereby formally notified that the debt remains disputed and unvalidated. Continued collection activity without full verification will be treated as a willful and reckless disregard of my consumer and commercial rights.","date_sent_to_company":"2025-04-25T15:59:03.000Z","issue":"Written notification about debt","sub_product":"I do not know","zip_code":"60616","tags":null,"has_narrative":true,"complaint_id":"13180366","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Capital Collection Management LLC","date_received":"2025-04-25T15:49:05.000Z","state":"IL","company_public_response":null,"sub_issue":"Didn't receive enough information to verify debt"},"highlight":{"complaint_what_happened":["or sold, <em>whether</em> any rights of enforcement or collection were retained or assigned, and a complete <em>audit</em> trail of the transaction."]},"sort":[10.091939,"13180366"]},{"_index":"complaint-public-v1","_id":"17543463","_score":9.229389,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XX/XX/XXXX Equifax Information Services LLC XXXX. XXXX XXXX XXXX, Georgia XXXX Re : New Evidence Motor Vehicle Retail Installment Contract ( XXXX XXXX ) proves XXXX  XXXX XXXX XXXX is Buyer, not a Personal Consumer Account Equifax File / Confirmation No. : Consumer : XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX Phone : ( XXXX ) XXXX I. Product and Problem Product : Credit reporting personal consumer credit report. \n\nIssue : Incorrect information and an unreasonable investigation into an existing problem ( FCRA 1681e ( b ), 1681i ). \n\nWhat is wrong : Equifax is reporting a personal consumer auto charge-off / deficiency in my name for a XXXX XXXX XXXX account related to a XXXX XXXX XXXX XXXX. \n\nThe Motor Vehicle Retail Installment Contract Texas ( RISC ) that XXXX produced in response to my CFPB complaint shows XXXX  XXXX XXXX XXXX as the Buyer, with no separate personal guaranty agreement in my individual name. \n\nMy signature appears in the buyer block as an authorized signer for the XXXX, not in a separate, clearly labeled Personal Guaranty, Individual Co-Buyer, or Personal Borrower section. \n\nXXXX repossessed and sold the vehicle and now claims a deficiency, but the personal tradeline and liability coding on my Equifax report do not match the contract structure or the post-repossession status. \n\nWhat I want : Primary request : Deletion of the XXXX XXXX XXXX tradeline from my personal consumer report as inaccurate, misleading, and unverifiable as to me personally ; or, if deletion is refused, then : Alternative : Full re-coding so the account does not appear as my personal consumer obligation, with accurate Date of First Delinquency ( DOFD ) and a correct post-repossession, fixed deficiency status instead of an ongoing delinquent installment loan in my name. \n\nXXXX. New Evidence from XXXX  Own CFPB Response Packet I have obtained and reviewed XXXX XXXX XXXX CFPB response file, which includes : Motor Vehicle Retail Installment Contract Texas ( RISC ) Cure / delinquency notice Repossession and sale notice ( Notice of Our Plan to Sell Property ) Auction breakdown ( deficiency calculation ) Audit trail / e-signature record Key facts from these documents : Buyer / Contract Caption The contract header is Motor Vehicle Retail Installment Contract Texas. \n\nThe Buyer field identifies XXXX  XXXX XXXX XXXX as the buyer. \n\nMy name, XXXX XXXX XXXX, appears in the buyer block and on the signature line, but there is no separate box, section, or rider explicitly labeling me as Individual Co-Buyer, Personal Borrower, or Personal Guarantor. \n\nNature of Contract BusinessXXXX vs. Consumer The contract uses a consumer-style form, but the named buyer is a limited liability company ( XXXX  XXXX XXXX XXXX ) , not me personally. \n\nThe DMV title, registration, and notices treat XXXX  XXXX XXXX XXXX as the primary owner/obligor, with me referenced only as a party with an interest or an authorized signer. \n\nTILA / Credit Terms ( from the RISC ) APR : approximately 8.74 % Amount Financed : approximately $ XXXX Finance Charge : approximately $ XXXX Total of Payments : approximately $ XXXX Monthly payment : approximately {$1100.00} Delinquency and Cure The delinquency/cure documents show repeated missed payments of {$1100.00} with increasing days past due. \n\nAn XX/XX/XXXX cure notice references account ending XXXX / XXXX XXXX XXXX / XXXX ending XXXX and states that XXXX may hold you and the buyer personally liable for any deficiency even though the contract never clearly separates my individual capacity from XXXX  XXXX XXXX XXXX as buyer. \n\nRepossession, Sale, and Deficiency A XX/XX/XXXX Notice of Our Plan to Sell Property confirms repossession and a planned private sale. \n\nAn XX/XX/XXXX Auction Breakdown letter addressed to me shows : Contractual balance at time of sale : {$66000.00} Auction proceeds : {$36000.00} Claimed deficiency : {$30000.00} XXXX states it is reporting the account as unpaid balance reported as a loss and will continue to report to the consumer reporting agencies. \n\nThis is the new evidence that directly contradicts the way the tradeline is presently being reported in my personal consumer file. \n\nIII. Why the Tradeline is Inaccurate and Misleading Under FCRA and Metro 2 A. Misidentification of the True Obligor XXXX  vs. Individual Consumer Motor Vehicle Retail Installment Sales Acts typically require a written contract identifying the retail buyer, signed by the buyer and seller, containing the full agreement and TILA disclosures. Here : XXXX  own RISC identifies XXXX  XXXX XXXX XXXX as Buyer. \n\nThere is no separate personal guaranty or clearly labeled Co-Buyer / Individual Borrower / Guarantor line for me. \n\nSigning on behalf of an XXXX in an ambiguous buyer block does not magically convert the transaction into a clean personal consumer RISC in my individual name. \n\nNevertheless, XXXX is furnishing, and Equifax is reporting, this account as : A personal consumer auto installment loan, and A charged-off loss in my name, as if I were an individual or joint obligor. \n\nThat is not consistent with the written contract and is therefore inaccurate and misleading. \n\nUnder FCRA 607 ( b ), 15 U.S.C. 1681e ( b ), Equifax must follow reasonable procedures to assure maximum possible accuracy. When documentary evidence shows a business/XXXX  buyer, continuing to report a personal consumer charge-off in my name fails that standard. \n\nRelevant case law includes : XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ) A CRAs investigation must be reasonable and can not simply parrot a furnisher when evidence contradicts the furnishers position. \n\nXXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX ( XXXX XXXX. XXXX ) CRAs must have reasonable procedures to assure accuracy and can not ignore conflicting information. \n\nB. Ambiguity of My Signature and Lack of Clear Personal Guaranty The retail installment contract is titled Motor Vehicle Retail Installment Contract Texas and lists XXXX  XXXX XXXX XXXX as the buyer. My signature appears in the capacity of an authorized signer for the XXXX. There is no separate, clear personal guaranty agreement in my name. \n\nXXXX  own e-signature audit trail lists XXXX  XXXX XXXX XXXX and me separately, which creates ambiguity about whether I signed purely as an XXXX representative or as a personal co-borrower. Because of this ambiguity and the absence of a distinct guaranty, XXXX can not show a clean, compliant consumer retail installment contract binding me personally, and Equifax can not reasonably claim that it verified this as my personal consumer obligation under FCRA 611. \n\nXXXX Status, DOFD, and Payment-History Coding If XXXX insists there is a deficiency, the account is, at most, a closed, repossessed account with a fixed DOFD and a static deficiency balance. It is not an open consumer installment loan with rolling delinquencies. \n\nAny Metro 2 coding that : Suggests an open installment account after repossession and sale, or Shows ongoing past-due amounts while also reporting the account as charged off/ loss is structurally inconsistent and misleading under FCRA 607 ( b ) and industry Metro 2 standards. \n\nIV. Itemized Dispute Points for e-OSCAR and Reinvestigation For clarity in your automated and manual systems, I am disputing the XXXX XXXX XXXX tradeline on the following grounds : Not My Personal Obligation ( Wrong Debtor / Responsibility ) The RISC shows XXXX  XXXX XXXX XXXX as Buyer ; there is no separate personal guaranty. \n\nAny reporting that lists me as individual or joint borrower / co-signer on a personal consumer account is inaccurate. \n\nWrong Account Type / Portfolio Type The transaction is structured in the name of an XXXX, with the vehicle titled and treated as XXXX property. \n\nReporting this as a pure consumer installment loan in my personal name is misleading. \n\nIncorrect Status After Repossession and Sale Any coding that suggests an open installment account with rolling delinquencies after repossession and sale is inaccurate. \n\nThe account is, at most, a charged-off deficiency and must be reported as such with a proper DOFD, not as a continuing delinquent consumer note in my name. \n\nIncomplete and Misleading Balance / Deficiency Presentation XXXX  auction letter admits a deficiency of {$30000.00} ; any balance reporting inconsistent with that figure, or suggesting that I personally owe different or fluctuating amounts, is inaccurate. \n\nInadequate Prior Investigation by Furnisher and CRA Prior verification failed to reconcile : The RISCs caption and XXXX buyer ; The absence of a clear personal guaranty ; The XXXX-based notices and deficiency calculation with the way the tradeline appears in my personal credit file. \n\nV. Requested Actions and Method of Verification In light of this new evidence and the legal authority above, I request that Equifax : Delete the XXXX XXXX XXXX tradeline from my personal consumer report as inaccurate, misleading, and unverifiable as to my personal liability ; or, if deletion is refused, then : Re-code the tradeline so that I am not shown as a personal obligor ( remove any ECOA / liability coding that portrays individual or joint responsibility and remove this account from my consumer file ), and Correct any DOFD, status, and payment-history fields so they accurately reflect a closed, repossessed account with a fixed DOFD and static deficiency, not an ongoing delinquent installment loan. \n\nIn addition, under FCRA 611 ( a ), I request a Method of Verification, including : The specific contract ( s ) or guaranty that Equifax relied upon to conclude that I am personally obligated ; The current ECOA Code, Account Type, Portfolio Type, and DOFD that Equifax is reporting for this account ; A description of the investigation steps taken in light of : The RISC naming XXXX  XXXX XXXX XXXX as Buyer ; and The lack of a separate, clear personal guaranty in my name. \n\nVI. Exhibits ( Enclosed ) Please treat the following as exhibits to this dispute : Exhibit A Personal Information Statement ( XXXX XXXX XXXX ) Copy of Motor Vehicle Retail Installment Contract Texas ( RISC ) identifying XXXX  XXXX XXXX XXXX as Buyer Cure / delinquency notice Repossession and sale notice ( Notice of Our Plan to Sell Property ) Auction breakdown letter ( deficiency calculation ) Any prior dispute correspondence and CFPB complaint confirmation related to this XXXX account Please complete your reinvestigation within the time required by FCRA and send me written results and an updated copy of my Equifax report reflecting all corrections or deletions. \n\nSincerely, XXXX XXXX XXXX","date_sent_to_company":"2025-11-26T21:39:49.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"907XX","tags":null,"has_narrative":true,"complaint_id":"17543463","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2025-11-26T20:14:49.000Z","state":"CA","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["XXXX  own e-signature <em>audit</em> trail lists XXXX  XXXX XXXX XXXX and me separately, which creates ambiguity about <em>whether</em> I signed purely as an XXXX representative or as a personal co-borrower. Because of this ambiguity and the absence of a distinct guaranty, XXXX can not show a clean, compliant consumer retail installment contract binding me <em>personally</em>, and Equifax can not reasonably claim that it verified this as my personal consumer obligation under FCRA 611."],"issue":["Problem with a company's <em>investigation</em> <em>into</em> an existing problem"],"sub_issue":["Their <em>investigation</em> did not fix an error on your report"]},"sort":[9.229389,"17543463"]},{"_index":"complaint-public-v1","_id":"17894461","_score":9.212738,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XX/XX/XXXX XXXX  XXXX XXXX XXXX XXXX. XXXX XXXX XXXXXXXX XXXX XXXXXXXX Re : New Evidence Motor Vehicle Retail Installment Contract ( BMW XXXX ) proves XXXX XXXXXXXX XXXX XXXX is Buyer, not a Personal Consumer Account XXXX  File / Confirmation No. : Consumer : XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXXXXXX Phone : ( XXXX ) XXXX I. Product and Problem Product : Credit reporting personal consumer credit report. \n\nIssue : Incorrect information and an unreasonable investigation into an existing problem ( FCRA 1681e ( b ), 1681i ). \n\nWhat is wrong : Equifax is reporting a personal consumer auto charge-off / deficiency in my name for a BMW Financial Services account related to a XXXX BMW XXXX XXXX. \n\nThe XXXX XXXX XXXX XXXX XXXX XXXX  ( XXXX ) that BMW produced in response to my CFPB complaint shows XXXX XXXXXXXX XXXX XXXX as the Buyer, with no separate personal guaranty agreement in my individual name. \n\nMy signature appears in the buyer block as an authorized signer for the LLC, not in a separate, clearly labeled Personal Guaranty, Individual Co-Buyer, or Personal Borrower section. \n\nBMW repossessed and sold the vehicle and now claims a deficiency, but the personal tradeline and liability coding on my XXXX  report do not match the contract structure or the post-repossession status. \n\nWhat I want : Primary request : Deletion of the BMW Financial Services tradeline from my personal consumer report as inaccurate, misleading, and unverifiable as to me personally ; or, if deletion is refused, then : Alternative : Full re-coding so the account does not appear as my personal consumer obligation, with accurate Date of First Delinquency ( DOFD ) and a correct post-repossession, fixed deficiency status instead of an ongoing delinquent installment loan in my name.\n\nII. New Evidence from BMWs Own CFPB Response Packet I have obtained and reviewed BMW Financial Services CFPB response file, which includes : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ) Cure / delinquency notice Repossession and sale notice ( Notice of Our Plan to Sell Property ) Auction breakdown ( deficiency calculation ) Audit trail / e-signature record Key facts from these documents : Buyer / Contract Caption The contract header is Motor Vehicle Retail Installment Contract Texas. \n\nThe Buyer field identifies XXXX XXXXXXXX XXXX XXXX as the buyer. \n\nMy name, XXXX XXXX XXXX, appears in the buyer block and on the signature line, but there is no separate box, section, or rider explicitly labeling me as Individual Co-Buyer, Personal Borrower, or Personal Guarantor. \n\nNature of Contract Business/LLC vs. Consumer The contract uses a consumer-style form, but the named buyer is a limited liability company ( XXXX XXXXXXXX XXXX XXXX XXXX XXXX not me personally. \n\nThe XXXX title, registration, and notices treat XXXX XXXXXXXX XXXX XXXX as the primary owner/obligor, with me referenced only as a party with an interest or an authorized signer. \n\nTILA / Credit Terms ( from the XXXX ) APR : approximately 8.74 % Amount Financed : approximately $ XXXX Finance Charge : approximately $ XXXX Total of Payments : approximately $ XXXX Monthly payment : approximately {$1100.00} Delinquency and Cure The delinquency/cure documents show repeated missed payments of {$1100.00} with increasing days past due. \n\nAn XX/XX/XXXX cure notice references account ending XXXX / XXXX BMW XXXX / XXXX ending XXXX and states that BMW may hold you and the buyer personally liable for any deficiency even though the contract never clearly separates my individual capacity from XXXX XXXXXXXX XXXX XXXX as buyer. \n\nRepossession, Sale, and Deficiency A XX/XX/XXXX Notice of Our Plan to Sell Property confirms repossession and a planned private sale. \n\nAn XX/XX/XXXX Auction Breakdown letter addressed to me shows : Contractual balance at time of sale : {$66000.00} Auction proceeds : {$36000.00} Claimed deficiency : {$30000.00} BMW states it is reporting the account as unpaid balance reported as a loss and will continue to report to the consumer reporting agencies. \n\nThis is the new evidence that directly contradicts the way the tradeline is presently being reported in my personal consumer file. \n\nIII. Why the Tradeline is Inaccurate and Misleading Under FCRA and Metro 2 A. Misidentification of the XXXX  XXXX XXXX vs. Individual Consumer Motor Vehicle Retail Installment Sales Acts typically require a written contract identifying the retail buyer, signed by the buyer and seller, containing the full agreement and TILA disclosures. Here : BMWs own XXXX identifies XXXX XXXXXXXX XXXX XXXX as Buyer. \n\nThere is no separate personal guaranty or clearly labeled Co-Buyer / Individual Borrower / Guarantor line for me. \n\nSigning on behalf of an LLC in an ambiguous buyer block does not magically convert the transaction into a clean personal consumer XXXX in my individual name. \n\nNevertheless, BMW is furnishing, and XXXX  is reporting, this account as : A personal consumer auto installment loan, and A charged-off loss in my name, as if I were an individual or joint obligor. \n\nThat is not consistent with the written contract and is therefore inaccurate and misleading. \n\nUnder FCRA 607 ( b ), 15 U.S.C. 1681e ( b ), XXXX  must follow reasonable procedures to assure maximum possible accuracy. When documentary evidence shows a business/LLC buyer, continuing to report a personal consumer charge-off in my name fails that standard. \n\nRelevant case law includes : XXXX v. Trans Union Corp., 115 F.3d 220 ( 3d Cir. 1997 ) A CRAs investigation must be reasonable and can not simply parrot a furnisher when evidence contradicts the furnishers position. \n\nXXXX v. Capital Associated Indus., Inc. , 257 F.3d 409 ( 4th Cir. 2001 ) CRAs must have reasonable procedures to assure accuracy and can not ignore conflicting information. \n\nB. Ambiguity of My Signature and Lack of Clear Personal Guaranty The retail installment contract is titled XXXX XXXX XXXX XXXX XXXX XXXX and lists XXXX XXXXXXXX XXXX XXXX as the buyer. My signature appears in the capacity of an authorized signer for the LLC. There is no separate, clear personal guaranty agreement in my name. \n\nBMWs own e-signature audit trail lists XXXX XXXXXXXX XXXX XXXX and me separately, which creates ambiguity about whether I signed purely as an LLC representative or as a personal co-borrower. Because of this ambiguity and the absence of a distinct guaranty, BMW can not show a clean, compliant consumer retail installment contract binding me personally, and XXXX  can not reasonably claim that it verified this as my personal consumer obligation under FCRA 611.\n\nC. Status, DOFD, and Payment-History Coding If BMW insists there is a deficiency, the account is, at most, a closed, repossessed account with a fixed DOFD and a static deficiency balance. It is not an open consumer installment loan with rolling delinquencies.\n\nAny Metro 2 coding that : Suggests an open installment account after repossession and sale, or Shows ongoing past-due amounts while also reporting the account as charged off/ loss is structurally inconsistent and misleading under FCRA 607 ( b ) and industry Metro 2 standards.\n\nIV. Itemized Dispute Points for e-OSCAR and Reinvestigation For clarity in your automated and manual systems, I am disputing the BMW Financial Services tradeline on the following grounds : Not My Personal Obligation ( Wrong Debtor / Responsibility ) The XXXX shows XXXX XXXXXXXX XXXX XXXX as Buyer ; there is no separate personal guaranty. \n\nAny reporting that lists me as individual or joint borrower / co-signer on a personal consumer account is inaccurate. \n\nWrong Account Type / Portfolio Type The transaction is structured in the name of an LLC, with the vehicle titled and treated as LLC property. \n\nReporting this as a pure consumer installment loan in my personal name is misleading. \n\nIncorrect Status After Repossession and Sale Any coding that suggests an open installment account with rolling delinquencies after repossession and sale is inaccurate. \n\nThe account is, at most, a charged-off deficiency and must be reported as such with a proper DOFD, not as a continuing delinquent consumer note in my name. \n\nIncomplete and Misleading Balance / Deficiency Presentation BMWs auction letter admits a deficiency of {$30000.00} ; any balance reporting inconsistent with that figure, or suggesting that I personally owe different or fluctuating amounts, is inaccurate. \n\nInadequate Prior Investigation by Furnisher and CRA Prior verification failed to reconcile : The XXXX  caption and LLC buyer ; The absence of a clear personal guaranty ; The LLC-based notices and deficiency calculation with the way the tradeline appears in my personal credit file.\n\nV. Requested Actions and Method of Verification In light of this new evidence and the legal authority above, I request that XXXX  : Delete the BMW Financial Services tradeline from my personal consumer report as inaccurate, misleading, and unverifiable as to my personal liability ; or, if deletion is refused, then : Re-code the tradeline so that I am not shown as a personal obligor ( remove any ECOA / liability coding that portrays individual or joint responsibility and remove this account from my consumer file ), and Correct any DOFD, status, and payment-history fields so they accurately reflect a closed, repossessed account with a fixed DOFD and static deficiency, not an ongoing delinquent installment loan.\n\nIn addition, under FCRA 611 ( a ), I request a Method of Verification, including : The specific contract ( s ) or guaranty that XXXX  relied upon to conclude that I am personally obligated ; The current ECOA Code, Account Type, Portfolio  Type, and DOFD that XXXX  is reporting for this account ; A description of the investigation steps taken in light of : The XXXX naming XXXX XXXXXXXX XXXX XXXX as Buyer ; and The lack of a separate, clear personal guaranty in my name. \n\nVI. Exhibits ( Enclosed ) Please treat the following as exhibits to this dispute : Exhibit A Personal Information Statement ( XXXX XXXX XXXX ) Copy of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) identifying XXXX XXXXXXXX XXXX XXXX as Buyer Cure / delinquency notice Repossession and sale notice ( Notice of Our Plan to Sell Property ) Auction breakdown letter ( deficiency calculation ) Any prior dispute correspondence and CFPB complaint confirmation related to this BMW account Please complete your reinvestigation within the time required by FCRA and send me written results and an updated copy of my XXXX  report reflecting all corrections or deletions. \n\nSincerely, XXXX XXXX XXXX","date_sent_to_company":"2025-11-26T21:39:49.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"907XX","tags":null,"has_narrative":true,"complaint_id":"17894461","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"BMW Financial Services NA, LLC","date_received":"2025-11-26T21:36:43.000Z","state":"CA","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["BMWs own e-signature <em>audit</em> trail lists XXXX XXXXXXXX XXXX XXXX and me separately, which creates ambiguity about <em>whether</em> I signed purely as an LLC representative or as a personal co-borrower. Because of this ambiguity and the absence of a distinct guaranty, BMW can not show a clean, compliant consumer retail installment contract binding me <em>personally</em>, and XXXX  can not reasonably claim that it verified this as my personal consumer obligation under FCRA 611.\n\nC."],"issue":["Problem with a company's <em>investigation</em> <em>into</em> an existing problem"],"sub_issue":["Their <em>investigation</em> did not fix an error on your report"]},"sort":[9.212738,"17894461"]},{"_index":"complaint-public-v1","_id":"11732679","_score":8.918999,"_source":{"product":"Checking or savings account","complaint_what_happened":"Complainant : XXXX XXXX XXXX ; XXXX. \n\nSummary of the Incident : We are writing to formally report a fraudulent incident involving my Cash App name XXXX XXXXXXXX, XXXX XXXXXXXX and XXXX XXXX XXXX XXXX XXXX XXXX account, jointly held with my cousin XXXX XXXX XXXX, who is the primary account holder. XXXX was on XXXX  XXXX  duty in the field at the time of the incident and was completely unaware of the transactions. This report is filed in accordance with advice received from XXXX XXXX representatives and aims to ensure that XXXX is absolved of any liability for the fraudulent transactions. \n\nIncident Details : Initial Deposit : A scammer deposited {$1500.00} into our joint XXXX XXXX XXXX XXXX account via Cash App. \n\nMisleading Instructions : The scammer instructed me to transfer the funds to a Cash App account under specific tags provided by them. Unaware of their fraudulent intent, I, XXXX, complied. \n\nCessation of Communication : After completing the transfer, the scammer ceased all communication, ignoring my messages and calls.\n\nAccount Impact : Days later, XXXX XXXX informed me that the funds were identified as stolen. The transaction caused the account to become negative and subsequently placed into collections under XXXX name, credit report, confidential records, and affecting his promotion in the XXXX. \n\nCommunication with XXXX XXXX : Upon learning of the fraudulent nature of the transaction, I, XXXX, contacted XXXX XXXX XXXX XXXX. They confirmed that the funds were stolen and advised me to file either a police report or an FTC complaint and forward the information to them to dispute the transaction. I have been confirmed by XXXX XXXX on XX/XX/year> that the transaction was in collections [ XXXX XXXX XXXX ]. \n\nImpact on Livelihood and Relationships : This incident has severely impacted our livelihoods : Banking Restrictions : I, XXXX, have been banned from opening future accounts with XXXX XXXX XXXX XXXX. \n\nPersonal Relationships : XXXX, who trusted me as the joint account holder, is understandably upset and angry despite my explanation of being a victim of fraud. \n\nEmotional Distress : The experience has caused significant stress and a loss of trust in online financial platforms. \n\nEvidence Collected : I have retained the following evidence to support my complaint : Screenshots of the scammers face from XXXX calls [ XXXX  XXXX ]. \n\nPhone number and Cash App tags used by the scammer. \n\nText message conversations. \n\nRequest for Investigation : I respectfully request that the FTC and OIG : Investigate this matter thoroughly to identify the scammers and hold them accountable. \n\nEnsure that XXXX XXXX XXXX XXXX does not hold XXXX XXXX XXXX liable for the {$1500.00} in collections, as he was uninvolved and unaware of the fraudulent activity due to his active military duty. \n\nConduct a forensic audit to investigate and validate the debt, including whether it was sold to a collections department, insurance claims, SEC ; UCC filings, 1099 filings, and any related matters.\n\nProvide guidance on additional steps to resolve this issue and mitigate further consequences for both XXXX and me. \n\nLegal References : This report is submitted in alignment with the following laws and regulations : 15 U.S.C. 45 ( a ) : Prohibits deceptive acts or practices in commerce.\n\nXXXX XXXX XXXX XXXX ( XXXX XXXX. XXXX  XXXX ) : Governs the operations and obligations of federal credit unions. \n\nMichigan Constitution, Article I, Section 17 : Guarantees due process and fair treatment under the law. \n\nServicemembers Civil Relief Act ( 50 U.S.C. 3901 et seq. ) : Provides financial protections for active military members. \n\nElectronic Fund Transfer Act ( 15 U.S.C. 1693 et seq. ) : Protects consumers engaged in electronic fund transfers involving fraudulent activity. \n\nUniform Commercial Code ( UCC ) Article 4A : Provides provisions for funds transfers, particularly those involving unauthorized transactions. \n\nIntention to Press Charges : Both XXXX and I intend to press charges against the individuals responsible for this scam. We urge the authorities to prosecute the perpetrators to the fullest extent of the law. \n\nConclusion : This incident has been a deeply distressing experience, not only financially but also personally. I implore the FTC and OIG to assist in resolving this matter equitably and swiftly. Please ensure that XXXX reputation and creditworthiness remain intact and that I receive justice as a victim of fraud. \n\nThank you for your attention to this matter.","date_sent_to_company":"2025-01-25T23:40:09.000Z","issue":"Managing an account","sub_product":"Other banking product or service","zip_code":"482XX","tags":null,"has_narrative":true,"complaint_id":"11732679","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Block, Inc.","date_received":"2025-01-25T23:29:34.000Z","state":"MI","company_public_response":null,"sub_issue":"Problem using a debit or ATM card"},"highlight":{"complaint_what_happened":["Conduct a forensic <em>audit</em> to <em>investigate</em> and validate the debt, including <em>whether</em> it was sold to a collections department, insurance claims, SEC ; UCC filings, 1099 filings, and any related matters.\n\nProvide guidance on additional steps to resolve this issue and mitigate further consequences for both XXXX and me. \n\nLegal References : This report is submitted in alignment with the following laws and regulations : 15 U.S.C. 45 ( a ) : Prohibits deceptive acts or practices in commerce."]},"sort":[8.918999,"11732679"]},{"_index":"complaint-public-v1","_id":"21940855","_score":8.804038,"_source":{"product":"Debt collection","complaint_what_happened":"I am filing this complaint because inaccurate, fraudulent, and unverifiable information continues to be reported on my consumer credit file despite multiple disputes, identity theft reports, and repeated efforts to resolve these matters directly with the companies involved and the credit reporting agencies. \n\nThe primary account involved in this complaint is : CONSUMER ADJ XXXX I do not recognize, authorize, or own this account. I never knowingly opened this account, entered into any agreement related to this account, or authorized anyone else to open this account on my behalf. Because I believe this account resulted from identity theft, fraudulent activity, mixed file reporting, or inaccurate furnishing practices, I filed a Federal Trade Commission ( FTC ) Identity Theft Report and submitted identity theft documentation to support my dispute. \n\nI also submitted disputes directly to the consumer reporting agencies and requested that the account be removed immediately because it is inaccurate and fraudulent. Despite these efforts, the account continues to appear on my credit report as a derogatory collection account, causing ongoing financial harm and damage to my credit profile. \n\nI am the living individual and consumer associated with the credit file in question. I personally submitted all disputes and supporting documentation on my own behalf. No third party, credit repair organization, or unauthorized individual is acting for me in this matter. \n\nTo verify my identity and eliminate unnecessary delays, I provided : Copy of my Driver License Copy of my Social Security Card Proof of Current Address FTC Identity Theft Report Supporting identity theft documentation Even after receiving this documentation, the companies involved continue to report the account and either fail to provide a meaningful response or claim the account has been verified without providing actual proof that I authorized or opened the account. \n\nThe continued reporting of CONSUMER ADJ XXXX is inaccurate and harmful. The account is appearing as a collection or derogatory account on my consumer report, which negatively impacts my creditworthiness, lowers my credit score, and interferes with my ability to obtain financing, housing, and other financial opportunities. \n\nI disputed this account because : I do not own the account I did not authorize the account I believe the account resulted from identity theft or fraudulent activity I requested proper verification and documentation The account has not been properly validated Instead of providing competent evidence proving I knowingly opened or authorized this account, the responses I received have consisted mainly of generic statements, automated verification language, or incomplete investigations. \n\nI specifically requested : Signed contracts or applications Account-opening records Proof of authorization Method of verification Transaction records Identity verification documents used during account opening Audit trails and furnishing history To date, I have not received sufficient documentation proving that this account legitimately belongs to me. \n\nUnder the Fair Credit Reporting Act ( FCRA ), consumer reporting agencies and furnishers are required to maintain reasonable procedures to assure maximum possible accuracy of the information they report. \n\nSpecifically : 15 U.S.C. 1681e ( b ) requires maximum possible accuracy 15 U.S.C. 1681i ( a ) requires a reasonable reinvestigation of disputed information 15 U.S.C. 1681c-2 requires blocking of identity theft-related information 15 U.S.C. 1681s-2 ( b ) requires furnishers to investigate disputed information and correct or delete inaccurate reporting I believe these legal requirements were not properly followed in this case. \n\nOnce I submitted my FTC Identity Theft Report and supporting documentation, the account should have been meaningfully investigated and blocked from continued reporting if it could not be properly verified. Instead, the account continues reporting despite my disputes and identity theft claims. \n\nThe responses I received appear to rely heavily on automated systems rather than meaningful human investigation. Simply stating that an account was verified does not prove ownership or authorization. Matching personal identifiers alone is not sufficient evidence that I knowingly opened or authorized this account. \n\nI also requested the Method of Verification ( MOV ) for the disputed account, including : Whether verification occurred through e-Oscar or manual review The source of information relied upon Copies of documents reviewed The date and time of verification The identity of the furnisher or investigator Internal investigation records and audit trails I have not received meaningful responses to these requests. \n\nThe continued reporting of this inaccurate account has caused significant harm, including : Damage to my credit score Increased borrowing costs Emotional distress Financial hardship Reduced access to credit Harm to my reputation with lenders and creditors Every month this account remains on my report causes additional harm. \n\nI also believe the reporting agencies failed to conduct a reasonable reinvestigation after receiving my identity theft documentation and disputes. Instead of independently investigating the account and reviewing supporting evidence, they appear to have relied on automated responses from furnishers. \n\nThis is particularly concerning because identity theft disputes require careful investigation and blocking procedures under federal law. \n\nI am requesting a complete and lawful resolution of this matter. \n\nSpecifically, I request : Immediate deletion of CONSUMER ADJ XXXX from all consumer reporting agencies. \nImmediate blocking of this account under FCRA 605B because it is related to identity theft and fraudulent activity.\n\nWritten confirmation that the account has been permanently removed from XXXX XXXX XXXX XXXX \nFull disclosure of the Method of Verification used regarding this account. \nCopies of all documentation allegedly proving that I authorized or opened the account. \nCopies of all communications exchanged between the furnisher and consumer reporting agencies regarding this dispute. \nWritten confirmation that the account will not be reinserted without compliance with FCRA 611 ( a ) ( 5 ) ( B ), including advance written notice.\n\nCorrection of any associated derogatory reporting, balances, payment history, or collection activity related to this account.\n\nImmediate cessation of any collection activity associated with this disputed fraudulent account. \n\nI also request that the companies involved preserve all records , communications, investigation notes, and electronic transmissions related to my disputes and identity theft claims.\n\nI have acted in good faith throughout this process and complied with all reasonable requests for information and identity verification. I repeatedly submitted supporting documentation and clearly explained that I do not own this account.\n\nDespite this, the account continues reporting and remains unresolved. \n\nI respectfully request that the CFPB assist in ensuring the companies involved comply fully with the Fair Credit Reporting Act and remove this inaccurate and fraudulent account from my consumer credit file. \n\nThis matter remains unresolved until : The account is permanently deleted and blocked ; All derogatory reporting associated with the account is removed ; I receive written confirmation of the corrections ; and The companies involved comply with all applicable federal consumer protection laws. \n\nThe fair and lawful resolution is immediate deletion of CONSUMER ADJ XXXX and full compliance with the identity theft protections provided under federal law.","date_sent_to_company":"2026-05-06T17:44:15.000Z","issue":"Attempts to collect debt not owed","sub_product":"I do not know","zip_code":"63121","tags":null,"has_narrative":true,"complaint_id":"21940855","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Consumer Adjustment Company Incorporated","date_received":"2026-05-06T17:38:39.000Z","state":"MO","company_public_response":null,"sub_issue":"Debt is not yours"},"highlight":{"complaint_what_happened":["I also requested the Method of Verification ( MOV ) for the disputed account, including : <em>Whether</em> verification occurred through e-Oscar or manual review The source of information relied upon Copies of documents reviewed The date and time of verification The identity of the furnisher or <em>investigator</em> Internal <em>investigation</em> records and <em>audit</em> trails I have not received meaningful responses to these requests."]},"sort":[8.804038,"21940855"]},{"_index":"complaint-public-v1","_id":"7358136","_score":8.6580105,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"Nelnet and XXXX continue to report a discharged debt. This is considered a certificate of indebtedness and can not be reported.\n\n20 U.S. Code 1232g - Family educational and privacy rights ( a ) Conditions for availability of funds to educational agencies or institutions ; inspection and review of education records ; specific information to be made available ; procedure for access to education records ; reasonableness of time for such access ; hearings; written explanations by parents ; definitions ( 1 ) ( A ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy of denying, or which effectively prevents, the parents of students who are or have been in attendance at a school of such agency or at such institution, as the case may be, the right to inspect and review the education records of their children. If any material or document in the education record of a student includes information on more than one student, the parents of one of such students shall have the right to inspect and review only such part of such material or document as relates to such student or to be informed of the specific information contained in such part of such material. Each educational agency or institution shall establish appropriate procedures for the granting of a request by parents for access to the education records of their children within a reasonable period of time, but in no case more than forty-five days after the request has been made.\n\n( B ) No funds under any applicable program shall be made available to any State educational agency ( whether or not that agency is an educational agency or institution under this section ) that has a policy of denying, or effectively prevents, the parents of students the right to inspect and review the education records maintained by the State educational agency on their children who are or have been in attendance at any school of an educational agency or institution that is subject to the provisions of this section.\n\n( C ) The first sentence of subparagraph ( A ) shall not operate to make available to students in institutions of postsecondary education the following materials : ( i ) financial records of the parents of the student or any information contained therein ; ( ii ) confidential letters and statements of recommendation, which were placed in the education records prior to XX/XX/XXXX, if such letters or statements are not used for purposes other than those for which they were specifically intended ; ( iii ) if the student has signed a waiver of the students right of access under this subsection in accordance with subparagraph ( D ), confidential recommendations ( I ) respecting admission to any educational agency or institution, ( II ) respecting an application for employment, and ( III ) respecting the receipt of an honor or honorary recognition.\n\n( D ) A student or a person applying for admission may waive his right of access to confidential statements described in clause ( iii ) of subparagraph ( C ), except that such waiver shall apply to recommendations only if ( i ) the student is, upon request, notified of the names of all persons making confidential recommendations and ( ii ) such recommendations are used solely for the purpose for which they were specifically intended. Such waivers may not be required as a condition for admission to, receipt of financial aid from, or receipt of any other services or benefits from such agency or institution.\n\n( 2 ) No funds shall be made available under any applicable program to any educational agency or institution unless the parents of students who are or have been in attendance at a school of such agency or at such institution are provided an opportunity for a hearing by such agency or institution, in accordance with regulations of the Secretary, to challenge the content of such students education records, in order to insure that the records are not inaccurate, misleading, or otherwise in violation of the privacy rights of students, and to provide an opportunity for the correction or deletion of any such inaccurate, misleading or otherwise inappropriate data contained therein and to insert into such records a written explanation of the parents respecting the content of such records.\n\n( 3 ) For the purposes of this section the term educational agency or institution means any public or private agency or institution which is the recipient of funds under any applicable program.\n\n( 4 ) ( A ) For the purposes of this section, the term education records means, except as may be provided otherwise in subparagraph ( B ), those records, files, documents, and other materials which ( i ) contain information directly related to a student; and ( ii ) are maintained by an educational agency or institution or by a person acting for such agency or institution.\n\n( B ) The term education records does not include ( i ) records of instructional, supervisory, and administrative personnel and educational personnel ancillary thereto which are in the sole possession of the maker thereof and which are not accessible or revealed to any other person except a substitute ; ( ii ) records maintained by a law enforcement unit of the educational agency or institution that were created by that law enforcement unit for the purpose of law enforcement ; ( iii ) in the case of persons who are employed by an educational agency or institution but who are not in attendance at such agency or institution, records made and maintained in the normal course of business which relate exclusively to such person in that persons capacity as an employee and are not available for use for any other purpose; or ( iv ) records on a student who is eighteen years of age or older, or is attending an institution of postsecondary education, which are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his professional or paraprofessional capacity, or assisting in that capacity, and which are made, maintained, or used only in connection with the provision of treatment to the student, and are not available to anyone other than persons providing such treatment, except that such records can be personally reviewed by a physician or other appropriate professional of the students choice.\n\n( 5 ) ( A ) For the purposes of this section the term directory information relating to a student includes the following : the students name, address, telephone listing, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous educational agency or institution attended by the student.\n\n( B ) Any educational agency or institution making public directory information shall give public notice of the categories of information which it has designated as such information with respect to each student attending the institution or agency and shall allow a reasonable period of time after such notice has been given for a parent to inform the institution or agency that any or all of the information designated should not be released without the parents prior consent.\n\n( 6 ) For the purposes of this section, the term student includes any person with respect to whom an educational agency or institution maintains education records or personally identifiable information, but does not include a person who has not been in attendance at such agency or institution.\n\n( b ) Release of education records ; parental consent requirement ; exceptions ; compliance with judicial orders and subpoenas ; audit and evaluation of federally-supported education programs ; recordkeeping ( 1 ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of permitting the release of 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 ( A ) other school officials, including teachers within the educational institution or local educational agency, who have been determined by such agency or institution to have legitimate educational interests, including the educational interests of the child for whom consent would otherwise be required ; ( B ) officials of other schools or school systems in which the student seeks or intends to enroll, upon condition that the students parents be notified of the transfer, receive a copy of the record if desired, and have an opportunity for a hearing to challenge the content of the record ; ( C ) ( i ) authorized representatives of ( I ) the Comptroller General of the United States , ( II ) the Secretary, or ( III ) State educational authorities, under the conditions set forth in paragraph ( 3 ), or ( ii ) authorized representatives of the Attorney General for law enforcement purposes under the same conditions as apply to the Secretary under paragraph ( 3 ) ; ( D ) in connection with a students application for, or receipt of, financial aid ; ( E ) State and local officials or authorities to whom such information is specifically allowed to be reported or disclosed pursuant to State statute adopted ( i ) before XX/XX/XXXX, if the allowed reporting or disclosure concerns the juvenile justice system and such systems ability to effectively serve the student whose records are released, or ( ii ) after XX/XX/XXXX, if ( I ) the allowed reporting or disclosure concerns the juvenile justice system and such systems ability to effectively serve, prior to adjudication, the student whose records are released ; and ( II ) the officials and authorities to whom such information is disclosed certify in writing to the educational agency or institution that the information will not be disclosed to any other party except as provided under State law without the prior written consent of the parent of the student. [ 1 ] ( F ) organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if such studies are conducted in such a manner as will not permit the personal identification of students and their parents by persons other than representatives of such organizations and such information will be destroyed when no longer needed for the purpose for which it is conducted ; ( G ) accrediting organizations in order to carry out their accrediting functions ; ( H ) parents of a dependent student of such parents, as defined in section 152 of title 26 ; ( I ) subject to regulations of the Secretary, in connection with an emergency, appropriate persons if the knowledge of such information is necessary to protect the health or safety of the student or other persons ; ( J ) ( i ) the entity or persons designated in a Federal grand jury subpoena, in which case the court shall order, for good cause shown, the educational agency or institution ( and any officer, director, employee, agent, or attorney for such agency or institution ) on which the subpoena is served, to not disclose to any person the existence or contents of the subpoena or any information furnished to the grand jury in response to the subpoena ; and ( ii ) the entity or persons designated in any other subpoena issued for a law enforcement purpose, in which case the court or other issuing agency may order, for good cause shown, the educational agency or institution ( and any officer, director, employee, agent, or attorney for such agency or institution ) on which the subpoena is served, to not disclose to any person the existence or contents of the subpoena or any information furnished in response to the subpoena ; ( K ) the Secretary of Agriculture, or authorized representative from the Food and Nutrition Service or contractors acting on behalf of the Food and Nutrition Service, for the purposes of conducting program monitoring, evaluations, and performance measurements of State and local educational and other agencies and institutions receiving funding or providing benefits of 1 or more programs authorized under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) or the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ) for which the results will be reported in an aggregate form that does not identify any individual, on the conditions that ( i ) any data collected under this subparagraph shall be protected in a manner that will not permit the personal identification of students and their parents by other than the authorized representatives of the Secretary; and ( ii ) any personally identifiable data shall be destroyed when the data are no longer needed for program monitoring, evaluations, and performance measurements; and ( L ) an agency caseworker or other representative of a State or local child welfare agency, or tribal organization ( as defined in section 5304 of title 25 ), who has the right to access a students case plan, as defined and determined by the State or tribal organization, when such agency or organization is legally responsible, in accordance with State or tribal law, for the care and protection of the student, provided that the education records, or the personally identifiable information contained in such records, of the student will not be disclosed by such agency or organization, except to an individual or entity engaged in addressing the students education needs and authorized by such agency or organization to receive such disclosure and such disclosure is consistent with the State or tribal laws applicable to protecting the confidentiality of a students education records.\n\nNothing in subparagraph ( E ) of this paragraph shall prevent a State from further limiting the number or type of State or local officials who will continue to have access thereunder.\n\n( 2 ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of releasing, or providing access to, any personally identifiable information in education records other than directory information, or as is permitted under paragraph ( 1 ) of this subsection, unless ( A ) there is written consent from the students parents specifying records to be released, the reasons for such release, and to whom, and with a copy of the records to be released to the students parents and the student if desired by the parents, or ( B ) except as provided in paragraph ( 1 ) ( J ), such information is furnished in compliance with judicial order, or pursuant to any lawfully issued subpoena, upon condition that parents and the students are notified of all such orders or subpoenas in advance of the compliance therewith by the educational institution or agency, except when a parent is a party to a court proceeding involving child abuse and neglect ( as defined in section 3 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 note ) ) or dependency matters, and the order is issued in the context of that proceeding, additional notice to the parent by the educational agency or institution is not required.\n\n( 3 ) Nothing contained in this section shall preclude authorized representatives of ( A ) the Comptroller General of the United States, ( B ) the Secretary, or ( C ) State educational authorities from having access to student or other records which may be necessary in connection with the audit and evaluation of Federally-supported education programs, or in connection with the enforcement of the Federal legal requirements which relate to such programs : Provided, That except when collection of personally identifiable information is specifically authorized by Federal law, any data collected by such officials shall be protected in a manner which will not permit the personal identification of students and their parents by other than those officials, and such personally identifiable data shall be destroyed when no longer needed for such audit, evaluation, and enforcement of Federal legal requirements.\n\n( 4 ) ( A ) Each educational agency or institution shall maintain a record, kept with the education records of each student, which will indicate all individuals ( other than those specified in paragraph ( 1 ) ( A ) of this subsection ), agencies, or organizations which have requested or obtained access to a students education records maintained by such educational agency or institution, and which will indicate specifically the legitimate interest that each such person, agency, or organization has in obtaining this information. Such record of access shall be available only to parents, to the school official and his assistants who are responsible for the custody of such records, and to persons or organizations authorized in, and under the conditions of, clauses ( A ) and ( C ) of paragraph ( 1 ) as a means of auditing the operation of the system.\n\n( B ) With respect to this subsection, personal information shall only be transferred to a third party on the condition that such party will not permit any other party to have access to such information without the written consent of the parents of the student. If a third party outside the educational agency or institution permits access to information in violation of paragraph ( 2 ) ( A ), or fails to destroy information in violation of paragraph ( 1 ) ( F ), the educational agency or institution shall be prohibited from permitting access to information from education records to that third party for a period of not less than five years.\n\n( 5 ) Nothing in this section shall be construed to prohibit State and local educational officials from having access to student or other records which may be necessary in connection with the audit and evaluation of any federally or State supported education program or in connection with the enforcement of the Federal legal requirements which relate to any such program, subject to the conditions specified in the proviso in paragraph ( 3 ).\n\n( 6 ) ( A ) Nothing in this section shall be construed to prohibit an institution of postsecondary education from disclosing, to an alleged victim of any crime of violence ( as that term is defined in section 16 of title 18 ), or a nonforcible sex offense, the final results of any disciplinary proceeding conducted by such institution against the alleged perpetrator of such crime or offense with respect to such crime or offense.\n\n( B ) Nothing in this section shall be construed to prohibit an institution of postsecondary education from disclosing the final results of any disciplinary proceeding conducted by such institution against a student who is an alleged perpetrator of any crime of violence ( as that term is defined in section 16 of title 18 ), or a nonforcible sex offense, if the institution determines as a result of that disciplinary proceeding that the student committed a violation of the institutions rules or policies with respect to such crime or offense.\n\n( C ) For the purpose of this paragraph, the final results of any disciplinary proceeding ( i ) shall include only the name of the student, the violation committed, and any sanction imposed by the institution on that student; and ( ii ) may include the name of any other student, such as a victim or witness, only with the written consent of that other student.\n\n( 7 ) ( A ) Nothing in this section may be construed to prohibit an educational institution from disclosing information provided to the institution under section 14071 [ 2 ] of title 42 concerning registered sex offenders who are required to register under such section.\n\n( B ) The Secretary shall take appropriate steps to notify educational institutions that disclosure of information described in subparagraph ( A ) is permitted.\n\n( c ) Surveys or data-gathering activities ; regulations Not later than 240 days after XX/XX/XXXX, the Secretary shall adopt appropriate regulations or procedures, or identify existing regulations or procedures, which protect the rights of privacy of students and their families in connection with any surveys or data-gathering activities conducted, assisted, or authorized by the Secretary or an administrative head of an education agency. Regulations established under this subsection shall include provisions controlling the use, dissemination, and protection of such data. No survey or data-gathering activities shall be conducted by the Secretary, or an administrative head of an education agency under an applicable program, unless such activities are authorized by law.\n\n( d ) Students rather than parents permission or consent For the purposes of this section, whenever a student has attained eighteen years of age, or is attending an institution of postsecondary education, the permission or consent required of and the rights accorded to the parents of the student shall thereafter only be required of and accorded to the student.\n\n( e ) Informing parents or students of rights under this section No funds shall be made available under any applicable program to any educational agency or institution unless such agency or institution effectively informs the parents of students, or the students, if they are eighteen years of age or older, or are attending an institution of postsecondary education, of the rights accorded them by this section.\n\n( f ) Enforcement ; termination of assistance The Secretary shall take appropriate actions to enforce this section and to deal with violations of this section, in accordance with this chapter, except that action to terminate assistance may be taken only if the Secretary finds there has been a failure to comply with this section, and he has determined that compliance can not be secured by voluntary means.\n\n( g ) Office and review board ; creation ; functions The Secretary shall establish or designate an office and review board within the Department for the purpose of investigating, processing, reviewing, and adjudicating violations of this section and complaints which may be filed concerning alleged violations of this section. Except for the conduct of hearings, none of the functions of the Secretary under this section shall be carried out in any of the regional offices of such Department.\n\n( h ) Disciplinary records ; disclosure Nothing in this section shall prohibit an educational agency or institution from ( 1 ) including appropriate information in the education record of any student concerning disciplinary action taken against such student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community ; or ( 2 ) disclosing such information to teachers and school officials, including teachers and school officials in other schools, who have legitimate educational interests in the behavior of the student.\n\n( i ) Drug and alcohol violation disclosures ( 1 ) In general Nothing in this Act or the Higher Education Act of 1965 [ 20 U.S.C. 1001 et seq. ] shall be construed to prohibit an institution of higher education from disclosing, to a parent or legal guardian of a student, information regarding any violation of any Federal, State, or local law, or of any rule or policy of the institution, governing the use or possession of alcohol or a controlled substance, regardless of whether that information is contained in the students education records, if ( A ) the student is under the age of 21 ; and ( B ) the institution determines that the student has committed a disciplinary violation with respect to such use or possession.\n\n( 2 ) State law regarding disclosure Nothing in paragraph ( 1 ) shall be construed to supersede any provision of State law that prohibits an institution of higher education from making the disclosure described in subsection ( a ).\n\n( j ) Investigation and prosecution of terrorism ( 1 ) In general Notwithstanding subsections ( a ) through ( i ) or any provision of State law, the Attorney General ( or any Federal officer or employee, in a position not lower than an Assistant Attorney General, designated by the Attorney General ) may submit a written application to a court of competent jurisdiction for an ex parte order requiring an educational agency or institution to permit the Attorney General ( or his designee ) to ( A ) collect education records in the possession of the educational agency or institution that are relevant to an authorized investigation or prosecution of an offense listed in section 2332b ( g ) ( 5 ) ( B ) of title 18, or an act of domestic or international terrorism as defined in section 2331 of that title ; and ( B ) for official purposes related to the investigation or prosecution of an offense described in paragraph ( 1 ) ( A ), retain, disseminate, and use ( including as evidence at trial or in other administrative or judicial proceedings ) such records, consistent with such guidelines as the Attorney General, after consultation with the Secretary, shall issue to protect confidentiality.\n\n( 2 ) Application and approval ( A ) In general.\n\nAn application under paragraph ( 1 ) shall certify that there are specific and articulable facts giving reason to believe that the education records are likely to contain information described in paragraph ( 1 ) ( A ).\n\n( B ) The court shall issue an order described in paragraph ( 1 ) if the court finds that the application for the order includes the certification described in subparagraph ( A ).\n\n( 3 ) Protection of educational agency or institution An educational agency or institution that, in good faith, produces education records in accordance with an order issued under this subsection shall not be liable to any person for that production.\n\n( 4 ) Record-keeping Subsection ( b ) ( 4 ) does not apply to education records subject to a court order under this subsection.\n\n162.6 Reasonable opportunity to opt out.\n\n( a ) In general. A covered affiliate must not use eligibility information about a consumer that the covered affiliate receives from an affiliate to make a solicitation to such consumer about the covered affiliate 's financial products or services, unless the consumer is provided a reasonable opportunity to opt out, as required by this subpart.\n\n( b ) Examples. A reasonable opportunity to opt out under this subpart is : ( 1 ) If the opt-out notice is mailed to the consumer, the consumer has 30 days from the date the notice is mailed to opt out.\n\n( 2 ) If the opt-out notice is sent via electronic means to the consumer, the consumer has 30 days from the date the consumer acknowledges receipt to elect to opt out by any reasonable method.\n\n( 3 ) If the opt-out notice is sent via e-mail ( where the consumer has agreed to receive disclosures by e-mail ), the consumer is given 30 days after the e-mail is sent to elect to opt out by any reasonable method.\n\n( 4 ) If the opt-out notice provided to the consumer at the time of an electronic transaction, the consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction.\n\n( 5 ) If the opt-out notice is provided during an in-person transaction, the consumer is required to decide, as a necessary part of completing the transaction, whether to opt out through a simple process.\n\n( 6 ) If the opt-out notice is provided in conjunction with other privacy notices required by law, the consumer is allowed to exercise the opt-out election within a reasonable period of time and in the same manner as the opt out under that privacy notice.","date_sent_to_company":"2023-08-07T04:33:37.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"77084","tags":null,"has_narrative":true,"complaint_id":"7358136","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Nelnet, Inc.","date_received":"2023-08-07T04:28:54.000Z","state":"TX","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["<em>personally</em> identifiable information is specifically authorized by Federal law, any data collected by such officials shall be protected in a manner which will not permit the personal identification of students and their parents by other than those officials, and such <em>personally</em> identifiable data shall be destroyed when no longer needed for such <em>audit</em>, evaluation, and enforcement of Federal legal requirements"],"issue":["Problem with a credit reporting company's <em>investigation</em> <em>into</em> an existing problem"],"sub_issue":["Their <em>investigation</em> did not fix an error on your report"]},"sort":[8.6580105,"7358136"]},{"_index":"complaint-public-v1","_id":"7358106","_score":8.645937,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"XXXX and Experian continue to report a discharged debt. This is considered a certificate of indebtedness and can not be reported.\n\n20 U.S. Code 1232g - Family educational and privacy rights ( a ) Conditions for availability of funds to educational agencies or institutions ; inspection and review of education records ; specific information to be made available ; procedure for access to education records ; reasonableness of time for such access ; hearings; written explanations by parents ; definitions ( 1 ) ( A ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy of denying, or which effectively prevents, the parents of students who are or have been in attendance at a school of such agency or at such institution, as the case may be, the right to inspect and review the education records of their children. If any material or document in the education record of a student includes information on more than one student, the parents of one of such students shall have the right to inspect and review only such part of such material or document as relates to such student or to be informed of the specific information contained in such part of such material. Each educational agency or institution shall establish appropriate procedures for the granting of a request by parents for access to the education records of their children within a reasonable period of time, but in no case more than forty-five days after the request has been made.\n\n( B ) No funds under any applicable program shall be made available to any State educational agency ( whether or not that agency is an educational agency or institution under this section ) that has a policy of denying, or effectively prevents, the parents of students the right to inspect and review the education records maintained by the State educational agency on their children who are or have been in attendance at any school of an educational agency or institution that is subject to the provisions of this section.\n\n( C ) The first sentence of subparagraph ( A ) shall not operate to make available to students in institutions of postsecondary education the following materials : ( i ) financial records of the parents of the student or any information contained therein ; ( ii ) confidential letters and statements of recommendation, which were placed in the education records prior to XX/XX/XXXX, if such letters or statements are not used for purposes other than those for which they were specifically intended ; ( iii ) if the student has signed a waiver of the students right of access under this subsection in accordance with subparagraph ( D ), confidential recommendations ( I ) respecting admission to any educational agency or institution, ( II ) respecting an application for employment, and ( III ) respecting the receipt of an honor or honorary recognition.\n\n( D ) A student or a person applying for admission may waive his right of access to confidential statements described in clause ( iii ) of subparagraph ( C ), except that such waiver shall apply to recommendations only if ( i ) the student is, upon request, notified of the names of all persons making confidential recommendations and ( ii ) such recommendations are used solely for the purpose for which they were specifically intended. Such waivers may not be required as a condition for admission to, receipt of financial aid from, or receipt of any other services or benefits from such agency or institution.\n\n( 2 ) No funds shall be made available under any applicable program to any educational agency or institution unless the parents of students who are or have been in attendance at a school of such agency or at such institution are provided an opportunity for a hearing by such agency or institution, in accordance with regulations of the Secretary, to challenge the content of such students education records, in order to insure that the records are not inaccurate, misleading, or otherwise in violation of the privacy rights of students, and to provide an opportunity for the correction or deletion of any such inaccurate, misleading or otherwise inappropriate data contained therein and to insert into such records a written explanation of the parents respecting the content of such records.\n\n( 3 ) For the purposes of this section the term educational agency or institution means any public or private agency or institution which is the recipient of funds under any applicable program.\n\n( 4 ) ( A ) For the purposes of this section, the term education records means, except as may be provided otherwise in subparagraph ( B ), those records, files, documents, and other materials which ( i ) contain information directly related to a student; and ( ii ) are maintained by an educational agency or institution or by a person acting for such agency or institution.\n\n( B ) The term education records does not include ( i ) records of instructional, supervisory, and administrative personnel and educational personnel ancillary thereto which are in the sole possession of the maker thereof and which are not accessible or revealed to any other person except a substitute ; ( ii ) records maintained by a law enforcement unit of the educational agency or institution that were created by that law enforcement unit for the purpose of law enforcement ; ( iii ) in the case of persons who are employed by an educational agency or institution but who are not in attendance at such agency or institution, records made and maintained in the normal course of business which relate exclusively to such person in that persons capacity as an employee and are not available for use for any other purpose; or ( iv ) records on a student who is eighteen years of age or older, or is attending an institution of postsecondary education, which are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his professional or paraprofessional capacity, or assisting in that capacity, and which are made, maintained, or used only in connection with the provision of treatment to the student, and are not available to anyone other than persons providing such treatment, except that such records can be personally reviewed by a physician or other appropriate professional of the students choice.\n\n( 5 ) ( A ) For the purposes of this section the term directory information relating to a student includes the following : the students name, address, telephone listing, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous educational agency or institution attended by the student.\n\n( B ) Any educational agency or institution making public directory information shall give public notice of the categories of information which it has designated as such information with respect to each student attending the institution or agency and shall allow a reasonable period of time after such notice has been given for a parent to inform the institution or agency that any or all of the information designated should not be released without the parents prior consent.\n\n( 6 ) For the purposes of this section, the term student includes any person with respect to whom an educational agency or institution maintains education records or personally identifiable information, but does not include a person who has not been in attendance at such agency or institution.\n\n( b ) Release of education records ; parental consent requirement ; exceptions ; compliance with judicial orders and subpoenas ; audit and evaluation of federally-supported education programs ; recordkeeping ( 1 ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of permitting the release of 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 ( A ) other school officials, including teachers within the educational institution or local educational agency, who have been determined by such agency or institution to have legitimate educational interests, including the educational interests of the child for whom consent would otherwise be required ; ( B ) officials of other schools or school systems in which the student seeks or intends to enroll, upon condition that the students parents be notified of the transfer, receive a copy of the record if desired, and have an opportunity for a hearing to challenge the content of the record ; ( C ) ( i ) authorized representatives of ( I ) the Comptroller General of the United States , ( II ) the Secretary, or ( III ) State educational authorities, under the conditions set forth in paragraph ( 3 ), or ( ii ) authorized representatives of the Attorney General for law enforcement purposes under the same conditions as apply to the Secretary under paragraph ( 3 ) ; ( D ) in connection with a students application for, or receipt of, financial aid ; ( E ) State and local officials or authorities to whom such information is specifically allowed to be reported or disclosed pursuant to State statute adopted ( i ) before XX/XX/XXXX, if the allowed reporting or disclosure concerns the juvenile justice system and such systems ability to effectively serve the student whose records are released, or ( ii ) after XX/XX/XXXX, if ( I ) the allowed reporting or disclosure concerns the juvenile justice system and such systems ability to effectively serve, prior to adjudication, the student whose records are released ; and ( II ) the officials and authorities to whom such information is disclosed certify in writing to the educational agency or institution that the information will not be disclosed to any other party except as provided under State law without the prior written consent of the parent of the student. [ 1 ] ( F ) organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if such studies are conducted in such a manner as will not permit the personal identification of students and their parents by persons other than representatives of such organizations and such information will be destroyed when no longer needed for the purpose for which it is conducted ; ( G ) accrediting organizations in order to carry out their accrediting functions ; ( H ) parents of a dependent student of such parents, as defined in section 152 of title 26 ; ( I ) subject to regulations of the Secretary, in connection with an emergency, appropriate persons if the knowledge of such information is necessary to protect the health or safety of the student or other persons ; ( J ) ( i ) the entity or persons designated in a Federal grand jury subpoena, in which case the court shall order, for good cause shown, the educational agency or institution ( and any officer, director, employee, agent, or attorney for such agency or institution ) on which the subpoena is served, to not disclose to any person the existence or contents of the subpoena or any information furnished to the grand jury in response to the subpoena ; and ( ii ) the entity or persons designated in any other subpoena issued for a law enforcement purpose, in which case the court or other issuing agency may order, for good cause shown, the educational agency or institution ( and any officer, director, employee, agent, or attorney for such agency or institution ) on which the subpoena is served, to not disclose to any person the existence or contents of the subpoena or any information furnished in response to the subpoena ; ( K ) the Secretary of Agriculture, or authorized representative from the Food and Nutrition Service or contractors acting on behalf of the Food and Nutrition Service, for the purposes of conducting program monitoring, evaluations, and performance measurements of State and local educational and other agencies and institutions receiving funding or providing benefits of 1 or more programs authorized under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) or the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ) for which the results will be reported in an aggregate form that does not identify any individual, on the conditions that ( i ) any data collected under this subparagraph shall be protected in a manner that will not permit the personal identification of students and their parents by other than the authorized representatives of the Secretary; and ( ii ) any personally identifiable data shall be destroyed when the data are no longer needed for program monitoring, evaluations, and performance measurements; and ( L ) an agency caseworker or other representative of a State or local child welfare agency, or tribal organization ( as defined in section 5304 of title 25 ), who has the right to access a students case plan, as defined and determined by the State or tribal organization, when such agency or organization is legally responsible, in accordance with State or tribal law, for the care and protection of the student, provided that the education records, or the personally identifiable information contained in such records, of the student will not be disclosed by such agency or organization, except to an individual or entity engaged in addressing the students education needs and authorized by such agency or organization to receive such disclosure and such disclosure is consistent with the State or tribal laws applicable to protecting the confidentiality of a students education records. \nNothing in subparagraph ( E ) of this paragraph shall prevent a State from further limiting the number or type of State or local officials who will continue to have access thereunder.\n\n( 2 ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of releasing, or providing access to, any personally identifiable information in education records other than directory information, or as is permitted under paragraph ( 1 ) of this subsection, unless ( A ) there is written consent from the students parents specifying records to be released, the reasons for such release, and to whom, and with a copy of the records to be released to the students parents and the student if desired by the parents, or ( B ) except as provided in paragraph ( 1 ) ( J ), such information is furnished in compliance with judicial order, or pursuant to any lawfully issued subpoena, upon condition that parents and the students are notified of all such orders or subpoenas in advance of the compliance therewith by the educational institution or agency, except when a parent is a party to a court proceeding involving child abuse and neglect ( as defined in section 3 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 note ) ) or dependency matters, and the order is issued in the context of that proceeding, additional notice to the parent by the educational agency or institution is not required.\n\n( 3 ) Nothing contained in this section shall preclude authorized representatives of ( A ) the Comptroller General of the United States, ( B ) the Secretary, or ( C ) State educational authorities from having access to student or other records which may be necessary in connection with the audit and evaluation of Federally-supported education programs, or in connection with the enforcement of the Federal legal requirements which relate to such programs : Provided, That except when collection of personally identifiable information is specifically authorized by Federal law, any data collected by such officials shall be protected in a manner which will not permit the personal identification of students and their parents by other than those officials, and such personally identifiable data shall be destroyed when no longer needed for such audit, evaluation, and enforcement of Federal legal requirements.\n\n( 4 ) ( A ) Each educational agency or institution shall maintain a record, kept with the education records of each student, which will indicate all individuals ( other than those specified in paragraph ( 1 ) ( A ) of this subsection ), agencies, or organizations which have requested or obtained access to a students education records maintained by such educational agency or institution, and which will indicate specifically the legitimate interest that each such person, agency, or organization has in obtaining this information. Such record of access shall be available only to parents, to the school official and his assistants who are responsible for the custody of such records, and to persons or organizations authorized in, and under the conditions of, clauses ( A ) and ( C ) of paragraph ( 1 ) as a means of auditing the operation of the system.\n\n( B ) With respect to this subsection, personal information shall only be transferred to a third party on the condition that such party will not permit any other party to have access to such information without the written consent of the parents of the student. If a third party outside the educational agency or institution permits access to information in violation of paragraph ( 2 ) ( A ), or fails to destroy information in violation of paragraph ( 1 ) ( F ), the educational agency or institution shall be prohibited from permitting access to information from education records to that third party for a period of not less than five years.\n\n( 5 ) Nothing in this section shall be construed to prohibit State and local educational officials from having access to student or other records which may be necessary in connection with the audit and evaluation of any federally or State supported education program or in connection with the enforcement of the Federal legal requirements which relate to any such program, subject to the conditions specified in the proviso in paragraph ( 3 ).\n\n( 6 ) ( A ) Nothing in this section shall be construed to prohibit an institution of postsecondary education from disclosing, to an alleged victim of any crime of violence ( as that term is defined in section 16 of title 18 ), or a nonforcible sex offense, the final results of any disciplinary proceeding conducted by such institution against the alleged perpetrator of such crime or offense with respect to such crime or offense.\n\n( B ) Nothing in this section shall be construed to prohibit an institution of postsecondary education from disclosing the final results of any disciplinary proceeding conducted by such institution against a student who is an alleged perpetrator of any crime of violence ( as that term is defined in section 16 of title 18 ), or a nonforcible sex offense, if the institution determines as a result of that disciplinary proceeding that the student committed a violation of the institutions rules or policies with respect to such crime or offense.\n\n( C ) For the purpose of this paragraph, the final results of any disciplinary proceeding ( i ) shall include only the name of the student, the violation committed, and any sanction imposed by the institution on that student; and ( ii ) may include the name of any other student, such as a victim or witness, only with the written consent of that other student.\n\n( 7 ) ( A ) Nothing in this section may be construed to prohibit an educational institution from disclosing information provided to the institution under section 14071 [ 2 ] of title 42 concerning registered sex offenders who are required to register under such section.\n\n( B ) The Secretary shall take appropriate steps to notify educational institutions that disclosure of information described in subparagraph ( A ) is permitted.\n\n( c ) Surveys or data-gathering activities ; regulations Not later than 240 days after XX/XX/XXXX, the Secretary shall adopt appropriate regulations or procedures, or identify existing regulations or procedures, which protect the rights of privacy of students and their families in connection with any surveys or data-gathering activities conducted, assisted, or authorized by the Secretary or an administrative head of an education agency. Regulations established under this subsection shall include provisions controlling the use, dissemination, and protection of such data. No survey or data-gathering activities shall be conducted by the Secretary, or an administrative head of an education agency under an applicable program, unless such activities are authorized by law.\n\n( d ) Students rather than parents permission or consent For the purposes of this section, whenever a student has attained eighteen years of age, or is attending an institution of postsecondary education, the permission or consent required of and the rights accorded to the parents of the student shall thereafter only be required of and accorded to the student.\n\n( e ) Informing parents or students of rights under this section No funds shall be made available under any applicable program to any educational agency or institution unless such agency or institution effectively informs the parents of students, or the students, if they are eighteen years of age or older, or are attending an institution of postsecondary education, of the rights accorded them by this section.\n\n( f ) Enforcement ; termination of assistance The Secretary shall take appropriate actions to enforce this section and to deal with violations of this section, in accordance with this chapter, except that action to terminate assistance may be taken only if the Secretary finds there has been a failure to comply with this section, and he has determined that compliance can not be secured by voluntary means.\n\n( g ) Office and review board ; creation ; functions The Secretary shall establish or designate an office and review board within the Department for the purpose of investigating, processing, reviewing, and adjudicating violations of this section and complaints which may be filed concerning alleged violations of this section. Except for the conduct of hearings, none of the functions of the Secretary under this section shall be carried out in any of the regional offices of such Department.\n\n( h ) Disciplinary records ; disclosure Nothing in this section shall prohibit an educational agency or institution from ( 1 ) including appropriate information in the education record of any student concerning disciplinary action taken against such student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community ; or ( 2 ) disclosing such information to teachers and school officials, including teachers and school officials in other schools, who have legitimate educational interests in the behavior of the student.\n\n( i ) Drug and alcohol violation disclosures ( 1 ) In general Nothing in this Act or the Higher Education Act of 1965 [ 20 U.S.C. 1001 et seq. ] shall be construed to prohibit an institution of higher education from disclosing, to a parent or legal guardian of a student, information regarding any violation of any Federal, State, or local law, or of any rule or policy of the institution, governing the use or possession of alcohol or a controlled substance, regardless of whether that information is contained in the students education records, if ( A ) the student is under the age of 21 ; and ( B ) the institution determines that the student has committed a disciplinary violation with respect to such use or possession.\n\n( 2 ) State law regarding disclosure Nothing in paragraph ( 1 ) shall be construed to supersede any provision of State law that prohibits an institution of higher education from making the disclosure described in subsection ( a ).\n\n( j ) Investigation and prosecution of terrorism ( 1 ) In general Notwithstanding subsections ( a ) through ( i ) or any provision of State law, the Attorney General ( or any Federal officer or employee, in a position not lower than an Assistant Attorney General, designated by the Attorney General ) may submit a written application to a court of competent jurisdiction for an ex parte order requiring an educational agency or institution to permit the Attorney General ( or his designee ) to ( A ) collect education records in the possession of the educational agency or institution that are relevant to an authorized investigation or prosecution of an offense listed in section 2332b ( g ) ( 5 ) ( B ) of title 18, or an act of domestic or international terrorism as defined in section 2331 of that title ; and ( B ) for official purposes related to the investigation or prosecution of an offense described in paragraph ( 1 ) ( A ), retain, disseminate, and use ( including as evidence at trial or in other administrative or judicial proceedings ) such records, consistent with such guidelines as the Attorney General, after consultation with the Secretary, shall issue to protect confidentiality.\n\n( 2 ) Application and approval ( A ) In general.\n\nAn application under paragraph ( 1 ) shall certify that there are specific and articulable facts giving reason to believe that the education records are likely to contain information described in paragraph ( 1 ) ( A ).\n\n( B ) The court shall issue an order described in paragraph ( 1 ) if the court finds that the application for the order includes the certification described in subparagraph ( A ).\n\n( 3 ) Protection of educational agency or institution An educational agency or institution that, in good faith, produces education records in accordance with an order issued under this subsection shall not be liable to any person for that production.\n\n( 4 ) Record-keeping Subsection ( b ) ( 4 ) does not apply to education records subject to a court order under this subsection.\n\n162.6 Reasonable opportunity to opt out.\n\n( a ) In general. A covered affiliate must not use eligibility information about a consumer that the covered affiliate receives from an affiliate to make a solicitation to such consumer about the covered affiliate 's financial products or services, unless the consumer is provided a reasonable opportunity to opt out, as required by this subpart.\n\n( b ) Examples. A reasonable opportunity to opt out under this subpart is : ( 1 ) If the opt-out notice is mailed to the consumer, the consumer has 30 days from the date the notice is mailed to opt out.\n\n( 2 ) If the opt-out notice is sent via electronic means to the consumer, the consumer has 30 days from the date the consumer acknowledges receipt to elect to opt out by any reasonable method.\n\n( 3 ) If the opt-out notice is sent via e-mail ( where the consumer has agreed to receive disclosures by e-mail ), the consumer is given 30 days after the e-mail is sent to elect to opt out by any reasonable method.\n\n( 4 ) If the opt-out notice provided to the consumer at the time of an electronic transaction, the consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction.\n\n( 5 ) If the opt-out notice is provided during an in-person transaction, the consumer is required to decide, as a necessary part of completing the transaction, whether to opt out through a simple process.\n\n( 6 ) If the opt-out notice is provided in conjunction with other privacy notices required by law, the consumer is allowed to exercise the opt-out election within a reasonable period of time and in the same manner as the opt out under that privacy notice.","date_sent_to_company":"2023-08-07T04:33:50.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"77084","tags":null,"has_narrative":true,"complaint_id":"7358106","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2023-08-07T04:33:42.000Z","state":"TX","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["<em>personally</em> identifiable information is specifically authorized by Federal law, any data collected by such officials shall be protected in a manner which will not permit the personal identification of students and their parents by other than those officials, and such <em>personally</em> identifiable data shall be destroyed when no longer needed for such <em>audit</em>, evaluation, and enforcement of Federal legal requirements"],"issue":["Problem with a credit reporting company's <em>investigation</em> <em>into</em> an existing problem"],"sub_issue":["Their <em>investigation</em> did not fix an error on your report"]},"sort":[8.645937,"7358106"]},{"_index":"complaint-public-v1","_id":"7358107","_score":8.63977,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"Nelnet and XXXX continue to report a discharged debt. This is considered a certificate of indebtedness and can not be reported.\n\n20 U.S. Code 1232g - Family educational and privacy rights ( a ) Conditions for availability of funds to educational agencies or institutions ; inspection and review of education records ; specific information to be made available ; procedure for access to education records ; reasonableness of time for such access ; hearings; written explanations by parents ; definitions ( 1 ) ( A ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy of denying, or which effectively prevents, the parents of students who are or have been in attendance at a school of such agency or at such institution, as the case may be, the right to inspect and review the education records of their children. If any material or document in the education record of a student includes information on more than one student, the parents of one of such students shall have the right to inspect and review only such part of such material or document as relates to such student or to be informed of the specific information contained in such part of such material. Each educational agency or institution shall establish appropriate procedures for the granting of a request by parents for access to the education records of their children within a reasonable period of time, but in no case more than forty-five days after the request has been made.\n\n( B ) No funds under any applicable program shall be made available to any State educational agency ( whether or not that agency is an educational agency or institution under this section ) that has a policy of denying, or effectively prevents, the parents of students the right to inspect and review the education records maintained by the State educational agency on their children who are or have been in attendance at any school of an educational agency or institution that is subject to the provisions of this section.\n\n( C ) The first sentence of subparagraph ( A ) shall not operate to make available to students in institutions of postsecondary education the following materials : ( i ) financial records of the parents of the student or any information contained therein ; ( ii ) confidential letters and statements of recommendation, which were placed in the education records prior to XX/XX/XXXX, if such letters or statements are not used for purposes other than those for which they were specifically intended ; ( iii ) if the student has signed a waiver of the students right of access under this subsection in accordance with subparagraph ( D ), confidential recommendations ( I ) respecting admission to any educational agency or institution, ( II ) respecting an application for employment, and ( III ) respecting the receipt of an honor or honorary recognition.\n\n( D ) A student or a person applying for admission may waive his right of access to confidential statements described in clause ( iii ) of subparagraph ( C ), except that such waiver shall apply to recommendations only if ( i ) the student is, upon request, notified of the names of all persons making confidential recommendations and ( ii ) such recommendations are used solely for the purpose for which they were specifically intended. Such waivers may not be required as a condition for admission to, receipt of financial aid from, or receipt of any other services or benefits from such agency or institution.\n\n( 2 ) No funds shall be made available under any applicable program to any educational agency or institution unless the parents of students who are or have been in attendance at a school of such agency or at such institution are provided an opportunity for a hearing by such agency or institution, in accordance with regulations of the Secretary, to challenge the content of such students education records, in order to insure that the records are not inaccurate, misleading, or otherwise in violation of the privacy rights of students, and to provide an opportunity for the correction or deletion of any such inaccurate, misleading or otherwise inappropriate data contained therein and to insert into such records a written explanation of the parents respecting the content of such records.\n\n( 3 ) For the purposes of this section the term educational agency or institution means any public or private agency or institution which is the recipient of funds under any applicable program.\n\n( 4 ) ( A ) For the purposes of this section, the term education records means, except as may be provided otherwise in subparagraph ( B ), those records, files, documents, and other materials which ( i ) contain information directly related to a student; and ( ii ) are maintained by an educational agency or institution or by a person acting for such agency or institution.\n\n( B ) The term education records does not include ( i ) records of instructional, supervisory, and administrative personnel and educational personnel ancillary thereto which are in the sole possession of the maker thereof and which are not accessible or revealed to any other person except a substitute ; ( ii ) records maintained by a law enforcement unit of the educational agency or institution that were created by that law enforcement unit for the purpose of law enforcement ; ( iii ) in the case of persons who are employed by an educational agency or institution but who are not in attendance at such agency or institution, records made and maintained in the normal course of business which relate exclusively to such person in that persons capacity as an employee and are not available for use for any other purpose; or ( iv ) records on a student who is eighteen years of age or older, or is attending an institution of postsecondary education, which are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his professional or paraprofessional capacity, or assisting in that capacity, and which are made, maintained, or used only in connection with the provision of treatment to the student, and are not available to anyone other than persons providing such treatment, except that such records can be personally reviewed by a physician or other appropriate professional of the students choice.\n\n( 5 ) ( A ) For the purposes of this section the term directory information relating to a student includes the following : the students name, address, telephone listing, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous educational agency or institution attended by the student.\n\n( B ) Any educational agency or institution making public directory information shall give public notice of the categories of information which it has designated as such information with respect to each student attending the institution or agency and shall allow a reasonable period of time after such notice has been given for a parent to inform the institution or agency that any or all of the information designated should not be released without the parents prior consent.\n\n( 6 ) For the purposes of this section, the term student includes any person with respect to whom an educational agency or institution maintains education records or personally identifiable information, but does not include a person who has not been in attendance at such agency or institution.\n\n( b ) Release of education records ; parental consent requirement ; exceptions ; compliance with judicial orders and subpoenas ; audit and evaluation of federally-supported education programs ; recordkeeping ( 1 ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of permitting the release of 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 ( A ) other school officials, including teachers within the educational institution or local educational agency, who have been determined by such agency or institution to have legitimate educational interests, including the educational interests of the child for whom consent would otherwise be required ; ( B ) officials of other schools or school systems in which the student seeks or intends to enroll, upon condition that the students parents be notified of the transfer, receive a copy of the record if desired, and have an opportunity for a hearing to challenge the content of the record ; ( C ) ( i ) authorized representatives of ( I ) the Comptroller General of the United States , ( II ) the Secretary, or ( III ) State educational authorities, under the conditions set forth in paragraph ( 3 ), or ( ii ) authorized representatives of the Attorney General for law enforcement purposes under the same conditions as apply to the Secretary under paragraph ( 3 ) ; ( D ) in connection with a students application for, or receipt of, financial aid ; ( E ) State and local officials or authorities to whom such information is specifically allowed to be reported or disclosed pursuant to State statute adopted ( i ) before XX/XX/XXXX, if the allowed reporting or disclosure concerns the juvenile justice system and such systems ability to effectively serve the student whose records are released, or ( ii ) after XX/XX/XXXX, if ( I ) the allowed reporting or disclosure concerns the juvenile justice system and such systems ability to effectively serve, prior to adjudication, the student whose records are released ; and ( II ) the officials and authorities to whom such information is disclosed certify in writing to the educational agency or institution that the information will not be disclosed to any other party except as provided under State law without the prior written consent of the parent of the student. [ 1 ] ( F ) organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if such studies are conducted in such a manner as will not permit the personal identification of students and their parents by persons other than representatives of such organizations and such information will be destroyed when no longer needed for the purpose for which it is conducted ; ( G ) accrediting organizations in order to carry out their accrediting functions ; ( H ) parents of a dependent student of such parents, as defined in section 152 of title 26 ; ( I ) subject to regulations of the Secretary, in connection with an emergency, appropriate persons if the knowledge of such information is necessary to protect the health or safety of the student or other persons ; ( J ) ( i ) the entity or persons designated in a Federal grand jury subpoena, in which case the court shall order, for good cause shown, the educational agency or institution ( and any officer, director, employee, agent, or attorney for such agency or institution ) on which the subpoena is served, to not disclose to any person the existence or contents of the subpoena or any information furnished to the grand jury in response to the subpoena ; and ( ii ) the entity or persons designated in any other subpoena issued for a law enforcement purpose, in which case the court or other issuing agency may order, for good cause shown, the educational agency or institution ( and any officer, director, employee, agent, or attorney for such agency or institution ) on which the subpoena is served, to not disclose to any person the existence or contents of the subpoena or any information furnished in response to the subpoena ; ( K ) the Secretary of Agriculture, or authorized representative from the Food and Nutrition Service or contractors acting on behalf of the Food and Nutrition Service, for the purposes of conducting program monitoring, evaluations, and performance measurements of State and local educational and other agencies and institutions receiving funding or providing benefits of 1 or more programs authorized under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) or the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ) for which the results will be reported in an aggregate form that does not identify any individual, on the conditions that ( i ) any data collected under this subparagraph shall be protected in a manner that will not permit the personal identification of students and their parents by other than the authorized representatives of the Secretary; and ( ii ) any personally identifiable data shall be destroyed when the data are no longer needed for program monitoring, evaluations, and performance measurements; and ( L ) an agency caseworker or other representative of a State or local child welfare agency, or tribal organization ( as defined in section 5304 of title 25 ), who has the right to access a students case plan, as defined and determined by the State or tribal organization, when such agency or organization is legally responsible, in accordance with State or tribal law, for the care and protection of the student, provided that the education records, or the personally identifiable information contained in such records, of the student will not be disclosed by such agency or organization, except to an individual or entity engaged in addressing the students education needs and authorized by such agency or organization to receive such disclosure and such disclosure is consistent with the State or tribal laws applicable to protecting the confidentiality of a students education records. \nNothing in subparagraph ( E ) of this paragraph shall prevent a State from further limiting the number or type of State or local officials who will continue to have access thereunder.\n\n( 2 ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of releasing, or providing access to, any personally identifiable information in education records other than directory information, or as is permitted under paragraph ( 1 ) of this subsection, unless ( A ) there is written consent from the students parents specifying records to be released, the reasons for such release, and to whom, and with a copy of the records to be released to the students parents and the student if desired by the parents, or ( B ) except as provided in paragraph ( 1 ) ( J ), such information is furnished in compliance with judicial order, or pursuant to any lawfully issued subpoena, upon condition that parents and the students are notified of all such orders or subpoenas in advance of the compliance therewith by the educational institution or agency, except when a parent is a party to a court proceeding involving child abuse and neglect ( as defined in section 3 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 note ) ) or dependency matters, and the order is issued in the context of that proceeding, additional notice to the parent by the educational agency or institution is not required.\n\n( 3 ) Nothing contained in this section shall preclude authorized representatives of ( A ) the Comptroller General of the United States, ( B ) the Secretary, or ( C ) State educational authorities from having access to student or other records which may be necessary in connection with the audit and evaluation of Federally-supported education programs, or in connection with the enforcement of the Federal legal requirements which relate to such programs : Provided, That except when collection of personally identifiable information is specifically authorized by Federal law, any data collected by such officials shall be protected in a manner which will not permit the personal identification of students and their parents by other than those officials, and such personally identifiable data shall be destroyed when no longer needed for such audit, evaluation, and enforcement of Federal legal requirements.\n\n( 4 ) ( A ) Each educational agency or institution shall maintain a record, kept with the education records of each student, which will indicate all individuals ( other than those specified in paragraph ( 1 ) ( A ) of this subsection ), agencies, or organizations which have requested or obtained access to a students education records maintained by such educational agency or institution, and which will indicate specifically the legitimate interest that each such person, agency, or organization has in obtaining this information. Such record of access shall be available only to parents, to the school official and his assistants who are responsible for the custody of such records, and to persons or organizations authorized in, and under the conditions of, clauses ( A ) and ( C ) of paragraph ( 1 ) as a means of auditing the operation of the system.\n\n( B ) With respect to this subsection, personal information shall only be transferred to a third party on the condition that such party will not permit any other party to have access to such information without the written consent of the parents of the student. If a third party outside the educational agency or institution permits access to information in violation of paragraph ( 2 ) ( A ), or fails to destroy information in violation of paragraph ( 1 ) ( F ), the educational agency or institution shall be prohibited from permitting access to information from education records to that third party for a period of not less than five years.\n\n( 5 ) Nothing in this section shall be construed to prohibit State and local educational officials from having access to student or other records which may be necessary in connection with the audit and evaluation of any federally or State supported education program or in connection with the enforcement of the Federal legal requirements which relate to any such program, subject to the conditions specified in the proviso in paragraph ( 3 ).\n\n( 6 ) ( A ) Nothing in this section shall be construed to prohibit an institution of postsecondary education from disclosing, to an alleged victim of any crime of violence ( as that term is defined in section 16 of title 18 ), or a nonforcible sex offense, the final results of any disciplinary proceeding conducted by such institution against the alleged perpetrator of such crime or offense with respect to such crime or offense.\n\n( B ) Nothing in this section shall be construed to prohibit an institution of postsecondary education from disclosing the final results of any disciplinary proceeding conducted by such institution against a student who is an alleged perpetrator of any crime of violence ( as that term is defined in section 16 of title 18 ), or a nonforcible sex offense, if the institution determines as a result of that disciplinary proceeding that the student committed a violation of the institutions rules or policies with respect to such crime or offense.\n\n( C ) For the purpose of this paragraph, the final results of any disciplinary proceeding ( i ) shall include only the name of the student, the violation committed, and any sanction imposed by the institution on that student; and ( ii ) may include the name of any other student, such as a victim or witness, only with the written consent of that other student.\n\n( 7 ) ( A ) Nothing in this section may be construed to prohibit an educational institution from disclosing information provided to the institution under section 14071 [ 2 ] of title 42 concerning registered sex offenders who are required to register under such section.\n\n( B ) The Secretary shall take appropriate steps to notify educational institutions that disclosure of information described in subparagraph ( A ) is permitted. \n( c ) Surveys or data-gathering activities ; regulations Not later than 240 days after XX/XX/XXXX, the Secretary shall adopt appropriate regulations or procedures, or identify existing regulations or procedures, which protect the rights of privacy of students and their families in connection with any surveys or data-gathering activities conducted, assisted, or authorized by the Secretary or an administrative head of an education agency. Regulations established under this subsection shall include provisions controlling the use, dissemination, and protection of such data. No survey or data-gathering activities shall be conducted by the Secretary, or an administrative head of an education agency under an applicable program, unless such activities are authorized by law. \n\n( d ) Students rather than parents permission or consent For the purposes of this section, whenever a student has attained eighteen years of age, or is attending an institution of postsecondary education, the permission or consent required of and the rights accorded to the parents of the student shall thereafter only be required of and accorded to the student.\n\n( e ) Informing parents or students of rights under this section No funds shall be made available under any applicable program to any educational agency or institution unless such agency or institution effectively informs the parents of students, or the students, if they are eighteen years of age or older, or are attending an institution of postsecondary education, of the rights accorded them by this section. \n\n( f ) Enforcement ; termination of assistance The Secretary shall take appropriate actions to enforce this section and to deal with violations of this section, in accordance with this chapter, except that action to terminate assistance may be taken only if the Secretary finds there has been a failure to comply with this section, and he has determined that compliance can not be secured by voluntary means.\n\n( g ) Office and review board ; creation ; functions The Secretary shall establish or designate an office and review board within the Department for the purpose of investigating, processing, reviewing, and adjudicating violations of this section and complaints which may be filed concerning alleged violations of this section. Except for the conduct of hearings, none of the functions of the Secretary under this section shall be carried out in any of the regional offices of such Department.\n\n( h ) Disciplinary records ; disclosure Nothing in this section shall prohibit an educational agency or institution from ( 1 ) including appropriate information in the education record of any student concerning disciplinary action taken against such student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community ; or ( 2 ) disclosing such information to teachers and school officials, including teachers and school officials in other schools, who have legitimate educational interests in the behavior of the student. \n( i ) Drug and alcohol violation disclosures ( 1 ) In general Nothing in this Act or the Higher Education Act of 1965 [ 20 U.S.C. 1001 et seq. ] shall be construed to prohibit an institution of higher education from disclosing, to a parent or legal guardian of a student, information regarding any violation of any Federal, State, or local law, or of any rule or policy of the institution, governing the use or possession of alcohol or a controlled substance, regardless of whether that information is contained in the students education records, if ( A ) the student is under the age of 21 ; and ( B ) the institution determines that the student has committed a disciplinary violation with respect to such use or possession.\n\n( 2 ) State law regarding disclosure Nothing in paragraph ( 1 ) shall be construed to supersede any provision of State law that prohibits an institution of higher education from making the disclosure described in subsection ( a ).\n\n( j ) Investigation and prosecution of terrorism ( 1 ) In general Notwithstanding subsections ( a ) through ( i ) or any provision of State law, the Attorney General ( or any Federal officer or employee, in a position not lower than an Assistant Attorney General, designated by the Attorney General ) may submit a written application to a court of competent jurisdiction for an ex parte order requiring an educational agency or institution to permit the Attorney General ( or his designee ) to ( A ) collect education records in the possession of the educational agency or institution that are relevant to an authorized investigation or prosecution of an offense listed in section 2332b ( g ) ( 5 ) ( B ) of title 18, or an act of domestic or international terrorism as defined in section 2331 of that title ; and ( B ) for official purposes related to the investigation or prosecution of an offense described in paragraph ( 1 ) ( A ), retain, disseminate, and use ( including as evidence at trial or in other administrative or judicial proceedings ) such records, consistent with such guidelines as the Attorney General, after consultation with the Secretary, shall issue to protect confidentiality.\n\n( 2 ) Application and approval ( A ) In general.\n\nAn application under paragraph ( 1 ) shall certify that there are specific and articulable facts giving reason to believe that the education records are likely to contain information described in paragraph ( 1 ) ( A ).\n\n( B ) The court shall issue an order described in paragraph ( 1 ) if the court finds that the application for the order includes the certification described in subparagraph ( A ).\n\n( 3 ) Protection of educational agency or institution An educational agency or institution that, in good faith, produces education records in accordance with an order issued under this subsection shall not be liable to any person for that production.\n\n( 4 ) Record-keeping Subsection ( b ) ( 4 ) does not apply to education records subject to a court order under this subsection.\n\n162.6 Reasonable opportunity to opt out.\n\n( a ) In general. A covered affiliate must not use eligibility information about a consumer that the covered affiliate receives from an affiliate to make a solicitation to such consumer about the covered affiliate 's financial products or services, unless the consumer is provided a reasonable opportunity to opt out, as required by this subpart.\n\n( b ) Examples. A reasonable opportunity to opt out under this subpart is : ( 1 ) If the opt-out notice is mailed to the consumer, the consumer has 30 days from the date the notice is mailed to opt out.\n\n( 2 ) If the opt-out notice is sent via electronic means to the consumer, the consumer has 30 days from the date the consumer acknowledges receipt to elect to opt out by any reasonable method.\n\n( 3 ) If the opt-out notice is sent via e-mail ( where the consumer has agreed to receive disclosures by e-mail ), the consumer is given 30 days after the e-mail is sent to elect to opt out by any reasonable method.\n\n( 4 ) If the opt-out notice provided to the consumer at the time of an electronic transaction, the consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction.\n\n( 5 ) If the opt-out notice is provided during an in-person transaction, the consumer is required to decide, as a necessary part of completing the transaction, whether to opt out through a simple process.\n\n( 6 ) If the opt-out notice is provided in conjunction with other privacy notices required by law, the consumer is allowed to exercise the opt-out election within a reasonable period of time and in the same manner as the opt out under that privacy notice.","date_sent_to_company":"2023-08-07T04:33:50.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"77084","tags":null,"has_narrative":true,"complaint_id":"7358107","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Nelnet, Inc.","date_received":"2023-08-07T04:33:42.000Z","state":"TX","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["<em>personally</em> identifiable information is specifically authorized by Federal law, any data collected by such officials shall be protected in a manner which will not permit the personal identification of students and their parents by other than those officials, and such <em>personally</em> identifiable data shall be destroyed when no longer needed for such <em>audit</em>, evaluation, and enforcement of Federal legal requirements"],"issue":["Problem with a credit reporting company's <em>investigation</em> <em>into</em> an existing problem"],"sub_issue":["Their <em>investigation</em> did not fix an error on your report"]},"sort":[8.63977,"7358107"]},{"_index":"complaint-public-v1","_id":"20853274","_score":8.564257,"_source":{"product":"Debt collection","complaint_what_happened":"I am responding to Midland Credit Management , Inc. regarding your correspondence dated XX/XX/XXXX, and the documentation you provided in connection with the above-referenced account. I have carefully reviewed your response and the attached materials, including the statements and affidavit, and I must formally dispute your conclusions and request immediate corrective action. \n\nAt the outset, I want to be absolutely clear : this account is not mine. I did not open, authorize, use, or benefit from any XXXX XXXXXXXX XXXX XXXX XXXX account referenced in your response. I have already filed a formal Identity Theft Report with the Federal Trade Commission ( FTC ), and I have provided notice that this account is fraudulent. Your response acknowledges receipt of this information, yet you continue to report and attempt to validate the account without providing legally sufficient proof of my liability. \n\nYour position appears to rely heavily on seller-provided data and internal records. However, under federal law, this is not sufficient. The Fair Credit Reporting Act ( FCRA ) requires that any information furnished to consumer reporting agencies be accurate, verifiable, and supported by original documentation. Reliance on third-party data, assumptions, or electronic records without underlying source documentation does not meet this legal standard. \n\nAccording to your own documents, the account allegedly originated on XX/XX/XXXX, with XXXX XXXXXXXX XXXX  and was later charged off on XX/XX/XXXX, with a balance of {$550.00}. However, nowhere in your response have you provided any signed contract, application, or agreement bearing my signature that would legally bind me to this account. The absence of such documentation is critical and renders your claim unverifiable. \n\nYou also assert that purchases and payments were made on the account and that the address on the statements matches my address. This assertion does not establish liability. Identity theft frequently involves the use of accurate personal information, including addresses, which is precisely why Congress enacted FCRA 605Bto protect consumers from fraudulent accounts that may appear superficially consistent with their personal data.\n\nIn fact, the statements you provided show transactions and balances, but they do not prove that I was the individual who authorized or conducted those transactions. For example, the statements list purchases at XXXX locations and payments made, but there is no evidence linking those transactions to me personally beyond name and address association. That is insufficient to establish legal responsibility. \n\nAdditionally, your affidavit ( as shown in the later pages of your attachment ) relies on internal business records and data transferred from the original creditor. It explicitly states that the records are based on information acquired from the seller and maintained in the ordinary course of business. This is not the same as original documentation. It is hearsay-based recordkeeping, not direct evidence of a contractual relationship with me. \n\nFurthermore, your response indicates that this account was placed with a law firm and resulted in a judgment. This raises serious concerns about procedural due process and whether I was properly served or notified. If a judgment was obtained without my knowledge or participation due to identity theft, then that judgment itself is subject to challenge and does not validate the underlying debt. \n\nYour request for a police report as a condition for further investigation is also noted. However, under FCRA 605B, a valid Identity Theft Report from the FTC is sufficient to trigger the obligation to block fraudulent information. While a police report may be helpful, it is not a prerequisite for compliance with federal law. You are already in receipt of my FTC Identity Theft Report, and that alone requires action on your part.\n\nAdditionally, your decision to mark the account as cease and desist does not resolve the issue. While it may limit communication, it does not remove the account from my credit report. The continued reporting of this account as a derogatory tradeline is causing harm to my credit and is in direct conflict with the protections afforded to me under federal law. \n\nAt this time, I am formally demanding the following : Immediate deletion of the Midland Credit Management tradeline from all consumer reporting agencies, including XXXX XXXX XXXX XXXX \nWritten confirmation that the account has been permanently removed and will not be reinserted into my credit file. \nFull disclosure of the method of verification used, including whether the account was verified through e-Oscar, manual review, or any other system. \nProduction of original documentation, including : A signed application or contract Complete account opening records Identity verification documents used at the time of account creation A complete chain of assignment, including all purchase agreements and transfer documents from XXXX XXXXXXXX XXXX to Midland Funding / Midland Credit Management.\n\nA full audit trail, including : Dates of reporting and updates Internal system logs Identification of individuals who verified the account Confirmation that this account has been marked as disputed due to identity theft in compliance with FCRA 623 ( a ) ( 3 ).\n\nYour failure to provide adequate documentation and your continued reporting of this account despite clear notice of identity theft raises serious concerns about compliance with federal law, including but not limited to FCRA 1681e ( b ), 1681i ( a ), and 1681s-2 ( b ). \n\nIf this matter is not resolved promptly, I will escalate further by filing additional complaints with the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), and my State Attorney General. I will also consider pursuing legal remedies for willful noncompliance and damages resulting from the continued reporting of inaccurate information. \n\nLet me be clear : this is not a request for investigation alonethis is a formal demand for deletion based on identity theft and lack of verifiable evidence. \n\nI expect written confirmation that the Midland tradeline has been removed and that my credit file has been corrected accordingly.","date_sent_to_company":"2026-04-01T17:54:18.000Z","issue":"Attempts to collect debt not owed","sub_product":"I do not know","zip_code":"63135","tags":null,"has_narrative":true,"complaint_id":"20853274","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"ENCORE CAPITAL GROUP INC.","date_received":"2026-04-01T17:37:56.000Z","state":"MO","company_public_response":null,"sub_issue":"Debt is not yours"},"highlight":{"complaint_what_happened":["This raises serious concerns about procedural due process and <em>whether</em> I was properly served or notified. If a judgment was obtained without my knowledge or participation due to identity theft, then that judgment itself is subject to challenge and does not validate the underlying debt. \n\nYour request for a police report as a condition for further <em>investigation</em> is also noted."]},"sort":[8.564257,"20853274"]},{"_index":"complaint-public-v1","_id":"7361710","_score":8.427526,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"XXXX, XXXX, and Equifax are reporting my student loan financial information without my consent. My student loan financial history is protect under the Family Educational Act. \n\n20 U.S. Code 1232g - Family educational and privacy rights ( a ) Conditions for availability of funds to educational agencies or institutions ; inspection and review of education records ; specific information to be made available ; procedure for access to education records ; reasonableness of time for such access ; hearings; written explanations by parents ; definitions ( 1 ) ( A ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy of denying, or which effectively prevents, the parents of students who are or have been in attendance at a school of such agency or at such institution, as the case may be, the right to inspect and review the education records of their children. If any material or document in the education record of a student includes information on more than one student, the parents of one of such students shall have the right to inspect and review only such part of such material or document as relates to such student or to be informed of the specific information contained in such part of such material. Each educational agency or institution shall establish appropriate procedures for the granting of a request by parents for access to the education records of their children within a reasonable period of time, but in no case more than forty-five days after the request has been made. \n( B ) No funds under any applicable program shall be made available to any State educational agency ( whether or not that agency is an educational agency or institution under this section ) that has a policy of denying, or effectively prevents, the parents of students the right to inspect and review the education records maintained by the State educational agency on their children who are or have been in attendance at any school of an educational agency or institution that is subject to the provisions of this section. \n( C ) The first sentence of subparagraph ( A ) shall not operate to make available to students in institutions of postsecondary education the following materials : ( i ) financial records of the parents of the student or any information contained therein ; ( ii ) confidential letters and statements of recommendation, which were placed in the education records prior to XX/XX/XXXX, if such letters or statements are not used for purposes other than those for which they were specifically intended ; ( iii ) if the student has signed a waiver of the students right of access under this subsection in accordance with subparagraph ( D ), confidential recommendations ( XXXX ) respecting admission to any educational agency or institution, ( II ) respecting an application for employment, and ( III ) respecting the receipt of an honor or honorary recognition. \n( D ) A student or a person applying for admission may waive his right of access to confidential statements described in clause ( iii ) of subparagraph ( C ), except that such waiver shall apply to recommendations only if ( i ) the student is, upon request, notified of the names of all persons making confidential recommendations and ( ii ) such recommendations are used solely for the purpose for which they were specifically intended. Such waivers may not be required as a condition for admission to, receipt of financial aid from, or receipt of any other services or benefits from such agency or institution. \n( 2 ) No funds shall be made available under any applicable program to any educational agency or institution unless the parents of students who are or have been in attendance at a school of such agency or at such institution are provided an opportunity for a hearing by such agency or institution, in accordance with regulations of the Secretary, to challenge the content of such students education records, in order to insure that the records are not inaccurate, misleading, or otherwise in violation of the privacy rights of students, and to provide an opportunity for the correction or deletion of any such inaccurate, misleading or otherwise inappropriate data contained therein and to insert into such records a written explanation of the parents respecting the content of such records. \n( XXXX ) For the purposes of this section the term educational agency or institution means any public or private agency or institution which is the recipient of funds under any applicable program.\n\n( 4 ) ( A ) For the purposes of this section, the term education records means, except as may be provided otherwise in subparagraph ( B ), those records, files, documents, and other materials which ( i ) contain information directly related to a student; and ( ii ) are maintained by an educational agency or institution or by a person acting for such agency or institution. \n( B ) The term education records does not include ( i ) records of instructional, supervisory, and administrative personnel and educational personnel ancillary thereto which are in the sole possession of the maker thereof and which are not accessible or revealed to any other person except a substitute ; ( ii ) records maintained by a law enforcement unit of the educational agency or institution that were created by that law enforcement unit for the purpose of law enforcement ; ( iii ) in the case of persons who are employed by an educational agency or institution but who are not in attendance at such agency or institution, records made and maintained in the normal course of business which relate exclusively to such person in that persons capacity as an employee and are not available for use for any other purpose; or ( iv ) records on a student who is eighteen years of age or older, or is attending an institution of postsecondary education, which are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his professional or paraprofessional capacity, or assisting in that capacity, and which are made, maintained, or used only in connection with the provision of treatment to the student, and are not available to anyone other than persons providing such treatment, except that such records can be personally reviewed by a physician or other appropriate professional of the students choice. \n( 5 ) ( A ) For the purposes of this section the term directory information relating to a student includes the following : the students name, address, telephone listing, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous educational agency or institution attended by the student. \n( B ) Any educational agency or institution making public directory information shall give public notice of the categories of information which it has designated as such information with respect to each student attending the institution or agency and shall allow a reasonable period of time after such notice has been given for a parent to inform the institution or agency that any or all of the information designated should not be released without the parents prior consent.\n\n( 6 ) For the purposes of this section, the term student includes any person with respect to whom an educational agency or institution maintains education records or personally identifiable information, but does not include a person who has not been in attendance at such agency or institution. \n( b ) Release of education records ; parental consent requirement ; exceptions ; compliance with judicial orders and subpoenas ; audit and evaluation of federally-supported education programs ; recordkeeping ( 1 ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of permitting the release of 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 ( A ) other school officials, including teachers within the educational institution or local educational agency, who have been determined by such agency or institution to have legitimate educational interests, including the educational interests of the child for whom consent would otherwise be required ; ( B ) officials of other schools or school systems in which the student seeks or intends to enroll, upon condition that the students parents be notified of the transfer, receive a copy of the record if desired, and have an opportunity for a hearing to challenge the content of the record ; ( C ) ( i ) authorized representatives of ( I ) the Comptroller General of the United States XXXX XXXX II ) the Secretary, or ( III ) State educational authorities, under the conditions set forth in paragraph ( XXXX ), or ( ii ) authorized representatives of the Attorney General for law enforcement purposes under the same conditions as apply to the Secretary under paragraph ( XXXX ) ; ( D ) in connection with a students application for, or receipt of, financial aid ; ( E ) State and local officials or authorities to whom such information is specifically allowed to be reported or disclosed pursuant to State statute adopted ( i ) before XX/XX/XXXX, if the allowed reporting or disclosure concerns the juvenile justice system and such systems ability to effectively serve the student whose records are released, or ( ii ) after XX/XX/XXXX, if ( I ) the allowed reporting or disclosure concerns the juvenile justice system and such systems ability to effectively serve, prior to adjudication, the student whose records are released ; and ( II ) the officials and authorities to whom such information is disclosed certify in writing to the educational agency or institution that the information will not be disclosed to any other party except as provided under State law without the prior written consent of the parent of the student. [ 1 ] ( F ) organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if such studies are conducted in such a manner as will not permit the personal identification of students and their parents by persons other than representatives of such organizations and such information will be destroyed when no longer needed for the purpose for which it is conducted ; ( G ) accrediting organizations in order to carry out their accrediting functions ; ( H ) parents of a dependent student of such parents, as defined in section 152 of title 26 ; ( I ) subject to regulations of the Secretary, in connection with an emergency, appropriate persons if the knowledge of such information is necessary to protect the health or safety of the student or other persons ; ( J ) ( i ) the entity or persons designated in a Federal grand jury subpoena, in which case the court shall order, for good cause shown, the educational agency or institution ( and any officer, director, employee, agent, or attorney for such agency or institution ) on which the subpoena is served, to not disclose to any person the existence or contents of the subpoena or any information furnished to the grand jury in response to the subpoena ; and ( ii ) the entity or persons designated in any other subpoena issued for a law enforcement purpose, in which case the court or other issuing agency may order, for good cause shown, the educational agency or institution ( and any officer, director, employee, agent, or attorney for such agency or institution ) on which the subpoena is served, to not disclose to any person the existence or contents of the subpoena or any information furnished in response to the subpoena ; ( K ) the Secretary of Agriculture, or authorized representative from the Food and Nutrition Service or contractors acting on behalf of the Food and Nutrition Service, for the purposes of conducting program monitoring, evaluations, and performance measurements of State and local educational and other agencies and institutions receiving funding or providing benefits of 1 or more programs authorized under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) or the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ) for which the results will be reported in an aggregate form that does not identify any individual, on the conditions that ( i ) any data collected under this subparagraph shall be protected in a manner that will not permit the personal identification of students and their parents by other than the authorized representatives of the Secretary; and ( ii ) any personally identifiable data shall be destroyed when the data are no longer needed for program monitoring, evaluations, and performance measurements; and ( L ) an agency caseworker or other representative of a State or local child welfare agency, or tribal organization ( as defined in section 5304 of title 25 ), who has the right to access a students case plan, as defined and determined by the State or tribal organization, when such agency or organization is legally responsible, in accordance with State or tribal law, for the care and protection of the student, provided that the education records, or the personally identifiable information contained in such records, of the student will not be disclosed by such agency or organization, except to an individual or entity engaged in addressing the students education needs and authorized by such agency or organization to receive such disclosure and such disclosure is consistent with the State or tribal laws applicable to protecting the confidentiality of a students education records.\n\nNothing in subparagraph ( E ) of this paragraph shall prevent a State from further limiting the number or type of State or local officials who will continue to have access thereunder.\n\n( 2 ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of releasing, or providing access to, any personally identifiable information in education records other than directory information, or as is permitted under paragraph ( 1 ) of this subsection, unless ( A ) there is written consent from the students parents specifying records to be released, the reasons for such release, and to whom, and with a copy of the records to be released to the students parents and the student if desired by the parents, or ( B ) except as provided in paragraph ( 1 ) ( J ), such information is furnished in compliance with judicial order, or pursuant to any lawfully issued subpoena, upon condition that parents and the students are notified of all such orders or subpoenas in advance of the compliance therewith by the educational institution or agency, except when a parent is a party to a court proceeding involving child abuse and neglect ( as defined in section XXXX of the Child Abuse Prevention and Treatment Act ( XXXX XXXX. XXXX note ) ) or dependency matters, and the order is issued in the context of that proceeding, additional notice to the parent by the educational agency or institution is not required. \n( XXXX ) Nothing contained in this section shall preclude authorized representatives of ( A ) the Comptroller General of the United States, ( B ) the Secretary, or ( C ) State educational authorities from having access to student or other records which XXXX be necessary in connection with the audit and evaluation of Federally-supported education programs, or in connection with the enforcement of the Federal legal requirements which relate to such programs : Provided, That except when collection of personally identifiable information is specifically authorized by Federal law, any data collected by such officials shall be protected in a manner which will not permit the personal identification of students and their parents by other than those officials, and such personally identifiable data shall be destroyed when no longer needed for such audit, evaluation, and enforcement of Federal legal requirements. \n( XXXX ) ( A ) Each educational agency or institution shall maintain a record, kept with the education records of each student, which will indicate all individuals ( other than those specified in paragraph ( XXXX ) ( A ) of this subsection ), agencies, or organizations which have requested or obtained access to a students education records maintained by such educational agency or institution, and which will indicate specifically the legitimate interest that each such person, agency, or organization has in obtaining this information. Such record of access shall be available only to parents, to the school official and his assistants who are responsible for the custody of such records, and to persons or organizations authorized in, and under the conditions of, clauses ( A ) and ( C ) of paragraph ( 1 ) as a means of auditing the operation of the system.\n\n( B ) With respect to this subsection, personal information shall only be transferred to a third party on the condition that such party will not permit any other party to have access to such information without the written consent of the parents of the student. If a third party outside the educational agency or institution permits access to information in violation of paragraph ( 2 ) ( A ), or fails to destroy information in violation of paragraph ( 1 ) ( F ), the educational agency or institution shall be prohibited from permitting access to information from education records to that third party for a period of not less than five years.\n\n( 5 ) Nothing in this section shall be construed to prohibit State and local educational officials from having access to student or other records which may be necessary in connection with the audit and evaluation of any federally or State supported education program or in connection with the enforcement of the Federal legal requirements which relate to any such program, subject to the conditions specified in the proviso in paragraph ( 3 ).\n\n( 6 ) ( A ) Nothing in this section shall be construed to prohibit an institution of postsecondary education from disclosing, to an alleged victim of any crime of violence ( as that term is def\nined in section 16 of title 18 ), or a nonforcible XXXX offense, the final results of any disciplinary proceeding conducted by such institution against the alleged perpetrator of such crime or offense with respect to such crime or offense. \n( B ) Nothing in this section shall be construed to prohibit an institution of postsecondary education from disclosing the final results of any disciplinary proceeding conducted by such institution against a student who is an alleged perpetrator of any crime of violence ( as that term is defined in section 16 of title 18 ), or a nonforcible XXXX offense, if the institution determines as a result of that disciplinary proceeding that the student committed a violation of the institutions rules or policies with respect to such crime or offense. \n( C ) For the purpose of this paragraph, the final results of any disciplinary proceeding ( i ) shall include only the name of the student, the violation committed, and any sanction imposed by the institution on that student; and ( ii ) may include the name of any other student, such as a victim or witness, only with the written consent of that other student.\n\n( 7 ) ( A ) Nothing in this section may be construed to prohibit an educational institution from disclosing information provided to the institution under section 14071 [ 2 ] of title 42 concerning registered XXXX offenders who are required to register under such section.\n\n( B ) The Secretary shall take appropriate steps to notify educational institutions that disclosure of information described in subparagraph ( A ) is permitted.\n\n( c ) Surveys or data-gathering activities ; regulations Not later than 240 days after XX/XX/XXXX, the Secretary shall adopt appropriate regulations or procedures, or identify existing regulations or procedures, which protect the rights of privacy of students and their families in connection with any surveys or data-gathering activities conducted, assisted, or authorized by the Secretary or an administrative head of an education agency. Regulations established under this subsection shall include provisions controlling the use, dissemination, and protection of such data. No survey or data-gathering activities shall be conducted by the Secretary, or an administrative head of an education agency under an applicable program, unless such activities are authorized by law.\n\n( d ) Students rather than parents permission or consent For the purposes of this section, whenever a student has attained eighteen years of age, or is attending an institution of postsecondary education, the permission or consent required of and the rights accorded to the parents of the student shall thereafter only be required of and accorded to the student.\n\n( e ) Informing parents or students of rights under this section No funds shall be made available under any applicable program to any educational agency or institution unless such agency or institution effectively informs the parents of students, or the students, if they are eighteen years of age or older, or are attending an institution of postsecondary education, of the rights accorded them by this section.\n\n( f ) Enforcement ; termination of assistance The Secretary shall take appropriate actions to enforce this section and to deal with violations of this section, in accordance with this chapter, except that action to terminate assistance may be taken only if the\nSecretary finds there has been a failure to comply with this section, and he has determined that compliance can not be secured by voluntary means.\n\n( g ) Office and review board ; creation ; functions The Secretary shall establish or designate an office and review board within the Department for the purpose of investigating, processing, reviewing, and adjudicating violations of this section and complaints which may be filed concerning alleged violations of this section. Except for the conduct of hearings, none of the functions of the Secretary under this section shall be carried out in any of the regional offices of such Department.\n\n( h ) Disciplinary records ; disclosure Nothing in this section shall prohibit an educational agency or institution from ( 1 ) including appropriate information in the education record of any student concerning disciplinary action taken against such student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community ; or ( 2 ) disclosing such information to teachers and school officials, including teachers and school officials in other schools, who have legitimate educational interests in the behavior of the student.\n\n( i ) Drug and alcohol violation disclosures ( 1 ) In general Nothing in this Act or the Higher Education Act of 1965 [ 20 U.S.C. 1001 et seq. ] shall be construed to prohibit an institution of higher education from disclosing, to a parent or legal guardian of a student, information regarding any violation of any Federal, State, or local law, or of any rule or policy of the institution, governing the use or possession of alcohol or a controlled substance, regardless of whether that information is contained in the students education records, if ( A ) the student is under the age of 21 ; and ( B ) the institution determines that the student has committed a disciplinary violation with respect to such use or possession.\n\n( 2 ) State law regarding disclosure Nothing in paragraph ( 1 ) shall be construed to supersede any provision of State law that prohibits an institution of higher education from making the disclosure described in subsection ( a ).\n\n( j ) Investigation and prosecution of terrorism ( 1 ) In general Notwithstanding subsections ( a ) through ( i ) or any provision of State law, the Attorney General ( or any Federal officer or employee, in a position not lower than an Assistant Attorney General, designated by the Attorney General ) may submit a written application to a court of competent jurisdiction for an ex parte order requiring an educational agency or institution to permit the Attorney General ( or his designee ) to ( A ) collect education records in the possession of the educational agency or institution that are relevant to an authorized investigation or prosecution of an offense listed in section 2332\n\nb ( g ) ( 5 ) ( B ) of title 18, or an act of domestic or international terrorism as defined in section 2331 of that title ; and ( B ) for official purposes related to the investigation or prosecution of an offense described in paragraph ( 1 ) ( A ), retain, disseminate, and use ( including as evidence at trial or in other administrative or judicial proceedings ) such records, consistent with such guidelines as the Attorney General, after consultation with the Secretary, shall issue to protect confidentiality. ( 2 ) Application and approval ( A ) In general.\nAn application under paragraph ( 1 ) shall certify that there are specific and articulable facts giving reason to believe that the education records are likely to contain information described in paragraph ( 1 ) ( A ).\n\n( B ) The court shall issue an order described in paragraph ( 1 ) if the court finds that the application for the order includes the certification described in subparagraph ( A ).\n\n( 3 ) Protection of educational agency or institution An educational agency or institution that, in good faith, produces education records in accordance with an order issued under this subsection shall not be liable to any person for that production.\n\n( 4 ) Record-keeping Subsection ( b ) ( 4 ) does not apply to education records subject to a court order under this subsection.","date_sent_to_company":"2023-08-08T02:24:03.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"600XX","tags":null,"has_narrative":true,"complaint_id":"7361710","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2023-08-08T02:23:54.000Z","state":"IL","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["of <em>personally</em> identifiable information is specifically authorized by Federal law, any data collected by such officials shall be protected in a manner which will not permit the personal identification of students and their parents by other than those officials, and such <em>personally</em> identifiable data shall be destroyed when no longer needed for such <em>audit</em>, evaluation, and enforcement of Federal legal requirements"],"issue":["Problem with a credit reporting company's <em>investigation</em> <em>into</em> an existing problem"],"sub_issue":["Their <em>investigation</em> did not fix an error on your report"]},"sort":[8.427526,"7361710"]},{"_index":"complaint-public-v1","_id":"7361604","_score":8.416129,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"Nelnet keeps sharing my information with XXXX, XXXX, and XXXX. These are for profit companies and not the true credit bureau. The CFPB is the only true credit bureau and they do not furnish consumer reports. Nelnet has failed to provide me with evidence that prove differently. \n\n( a ) Conditions for availability of funds to educational agencies or institutions ; inspection and review of education records ; specific information to be made available ; procedure for access to education records ; reasonableness of time for such access ; hearings; written explanations by parents ; definitions ( 1 ) ( A ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy of denying, or which effectively prevents, the parents of students who are or have been in attendance at a school of such agency or at such institution, as the case may be, the right to inspect and review the education records of their children. If any material or document in the education record of a student includes information on more than one student, the parents of one of such students shall have the right to inspect and review only such part of such material or document as relates to such student or to be informed of the specific information contained in such part of such material. Each educational agency or institution shall establish appropriate procedures for the granting of a request by parents for access to the education records of their children within a reasonable period of time, but in no case more than forty-five days after the request has been made. \n( B ) No funds under any applicable program shall be made available to any State educational agency ( whether or not that agency is an educational agency or institution under this section ) that has a policy of denying, or effectively prevents, the parents of students the right to inspect and review the education records maintained by the State educational agency on their children who are or have been in attendance at any school of an educational agency or institution that is subject to the provisions of this section. \n( C ) The first sentence of subparagraph ( A ) shall not operate to make available to students in institutions of postsecondary education the following materials : ( i ) financial records of the parents of the student or any information contained therein ; ( ii ) confidential letters and statements of recommendation, which were placed in the education records prior to XX/XX/XXXX, if such letters or statements are not used for purposes other than those for which they were specifically intended ; ( iii ) if the student has signed a waiver of the students right of access under this subsection in accordance with subparagraph ( D ), confidential recommendations ( I ) respecting admission to any educational agency or institution, ( II ) respecting an application for employment, and ( III ) respecting the receipt of an honor or honorary recognition.\n\n( D ) A student or a person applying for admission may waive his right of access to confidential statements described in clause ( iii ) of subparagraph ( C ), except that such waiver shall apply to recommendations only if ( i ) the student is, upon request, notified of the names of all persons making confidential recommendations and ( ii ) such recommendations are used solely for the purpose for which they were specifically intended. Such waivers may not be required as a condition for admission to, receipt of financial aid from, or receipt of any other services or benefits from such agency or institution.\n\n( 2 ) No funds shall be made available under any applicable program to any educational agency or institution unless the parents of students who are or have been in attendance at a school of such agency or at such institution are provided an opportunity for a hearing by such agency or institution, in accordance with regulations of the Secretary, to challenge the content of such students education records, in order to insure that the records are not inaccurate, misleading, or otherwise in violation of the privacy rights of students, and to provide an opportunity for the correction or deletion of any such inaccurate, misleading or otherwise inappropriate data contained therein and to insert into such records a written explanation of the parents respecting the content of such records.\n\n( 3 ) For the purposes of this section the term educational agency or institution means any public or private agency or institution which is the recipient of funds under any applicable program.\n\n( 4 ) ( A ) For the purposes of this section, the term education records means, except as may be provided otherwise in subparagraph ( B ), those records, files, documents, and other materials which ( i ) contain information directly related to a student; and ( ii ) are maintained by an educational agency or institution or by a person acting for such agency or institution.\n\n( B ) The term education records does not include ( i ) records of instructional, supervisory, and administrative personnel and educational personnel ancillary thereto which are in the sole possession of the maker thereof and which are not accessible or revealed to any other person except a substitute ; ( ii ) records maintained by a law enforcement unit of the educational agency or institution that were created by that law enforcement unit for the purpose of law enforcement ; ( iii ) in the case of persons who are employed by an educational agency or institution but who are not in attendance at such agency or institution, records made and maintained in the normal course of business which relate exclusively to such person in that persons capacity as an employee and are not available for use for any other purpose; or ( iv ) records on a student who is eighteen years of age or older, or is attending an institution of postsecondary education, which are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his professional or paraprofessional capacity, or assisting in that capacity, and which are made, maintained, or used only in connection with the provision of treatment to the student, and are not available to anyone other than persons providing such treatment, except that such records can be personally reviewed by a physician or other appropriate professional of the students choice.\n\n( 5 ) ( A ) For the purposes of this section the term directory information relating to a student includes the following : the students name, address, telephone listing, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous educational agency or institution attended by the student.\n\n( B ) Any educational agency or institution making public directory information shall give public notice of the categories of information which it has designated as such information with respect to each student attending the institution or agency and shall allow a reasonable period of time after such notice has been given for a parent to inform the institution or agency that any or all of the information designated should not be released without the parents prior consent.\n\n( 6 ) For the purposes of this section, the term student includes any person with respect to whom an educational agency or institution maintains education records or personally identifiable information, but does not include a person who has not been in attendance at such agency or institution.\n\n( b ) Release of education records ; parental consent requirement ; exceptions ; compliance with judicial orders and subpoenas ; audit and evaluation of federally-supported education programs ; recordkeeping ( 1 ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of permitting the release of 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 ( A ) other school officials, including teachers within the educational institution or local educational agency, who have been determined by such agency or institution to have legitimate educational interests, including the educational interests of the child for whom consent would otherwise be required ; ( B ) officials of other schools or school systems in which the student seeks or intends to enroll, upon condition that the students parents be notified of the transfer, receive a copy of the record if desired, and have an opportunity for a hearing to challenge the content of the record ; ( C ) ( i ) authorized representatives of ( I ) the Comptroller General of the United States , ( II ) the Secretary, or ( III ) State educational authorities, under the conditions set forth in paragraph ( 3 ), or ( ii ) authorized representatives of the Attorney General for law enforcement purposes under the same conditions as apply to the Secretary under paragraph ( 3 ) ; ( D ) in connection with a students application for, or receipt of, financial aid ; ( E ) State and local officials or authorities to whom such information is specifically allowed to be reported or disclosed pursuant to State statute adopted ( i ) before XX/XX/XXXX, if the allowed reporting or disclosure concerns the juvenile justice system and such systems ability to effectively serve the student whose records are released, or ( ii ) after XX/XX/XXXX, if ( I ) the allowed reporting or disclosure concerns the juvenile justice system and such systems ability to effectively serve, prior to adjudication, the student whose records are released ; and ( II ) the officials and authorities to whom such information is disclosed certify in writing to the educational agency or institution that the information will not be disclosed to any other party except as provided under State law without the prior written consent of the parent of the student. [ 1 ] ( F ) organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if such studies are conducted in such a manner as will not permit the personal identification of students and their parents by persons other than representatives of such organizations and such information will be destroyed when no longer needed for the purpose for which it is conducted ; ( G ) accrediting organizations in order to carry out their accrediting functions ; ( H ) parents of a dependent student of such parents, as defined in section 152 of title 26 ; ( I ) subject to regulations of the Secretary, in connection with an emergency, appropriate persons if the knowledge of such information is necessary to protect the health or safety of the student or other persons ; ( J ) ( i ) the entity or persons designated in a Federal grand jury subpoena, in which case the court shall order, for good cause shown, the educational agency or institution ( and any officer, director, employee, agent, or attorney for such agency or institution ) on which the subpoena is served, to not disclose to any person the existence or contents of the subpoena or any information furnished to the grand jury in response to the subpoena ; and ( ii ) the entity or persons designated in any other subpoena issued for a law enforcement purpose, in which case the court or other issuing agency may order, for good cause shown, the educational agency or institution ( and any officer, director, employee, agent, or attorney for such agency or institution ) on which the subpoena is served, to not disclose to any person the existence or contents of the subpoena or any information furnished in response to the subpoena ; ( K ) the Secretary of Agriculture, or authorized representative from the Food and Nutrition Service or contractors acting on behalf of the Food and Nutrition Service, for the purposes of conducting program monitoring, evaluations, and performance measurements of State and local educational and other agencies and institutions receiving funding or providing benefits of 1 or more programs authorized under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) or the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ) for which the results will be reported in an aggregate form that does not identify any individual, on the conditions that ( i ) any data collected under this subparagraph shall be protected in a manner that will not permit the personal identification of students and their parents by other than the authorized representatives of the Secretary; and ( ii ) any personally identifiable data shall be destroyed when the data are no longer needed for program monitoring, evaluations, and performance measurements; and ( L ) an agency caseworker or other representative of a State or local child welfare agency, or tribal organization ( as defined in section 5304 of title 25 ), who has the right to access a students case plan, as defined and determined by the State or tribal organization, when such agency or organization is legally responsible, in accordance with State or tribal law, for the care and protection of the student, provided that the education records, or the personally identifiable information contained in such records, of the student will not be disclosed by such agency or organization, except to an individual or entity engaged in addressing the students education needs and authorized by such agency or organization to receive such disclosure and such disclosure is consistent with the State or tribal laws applicable to protecting the confidentiality of a students education records. \nNothing in subparagraph ( E ) of this paragraph shall prevent a State from further limiting the number or type of State or local officials who will continue to have access thereunder.\n\n( 2 ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of releasing, or providing access to, any personally identifiable information in education records other than directory information, or as is permitted under paragraph ( 1 ) of this subsection, unless ( A ) there is written consent from the students parents specifying records to be released, the reasons for such release, and to whom, and with a copy of the records to be released to the students parents and the student\nif desired by the parents, or ( B ) except as provided in paragraph ( 1 ) ( J ), such information is furnished in compliance with judicial order, or pursuant to any lawfully issued subpoena, upon condition that parents and the students are notified of all such orders or subpoenas in advance of the compliance therewith by the educational institution or agency, except when a parent is a party to a court proceeding involving child abuse and neglect ( as defined in section 3 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 note ) ) or dependency matters, and the order is issued in the context of that proceeding, additional notice to the parent by the educational agency or institution is not required.\n\n( 3 ) Nothing contained in this section shall preclude authorized representatives of ( A ) the Comptroller General of the United States, ( B ) the Secretary, or ( C ) State educational authorities from having access to student or other records which may be necessary in connection with the audit and evaluation of Federally-supported education programs, or in connection with the enforcement of the Federal legal requirements which relate to such programs : Provided, That except when collection of personally identifiable information is specifically authorized by Federal law, any data collected by such officials shall be protected in a manner which will not permit the personal identification of students and their parents by other than those officials, and such personally identifiable data shall be destroyed when no longer needed for such audit, evaluation, and enforcement of Federal legal requirements.\n\n( 4 ) ( A ) Each educational agency or institution shall maintain a record, kept with the education records of each student, which will indicate all individuals ( other than those specified in paragraph ( 1 ) ( A ) of this subsection ), agencies, or organizations which have requested or obtained access to a students education records maintained by such educational agency or institution, and which will indicate specifically the legitimate interest that each such person, agency, or organization has in obtaining this information. Such record of access shall be available only to parents, to the school official and his assistants who are responsible for the custody of such records, and to persons or organizations authorized in, and under the conditions of, clauses ( A ) and ( C ) of paragraph ( 1 ) as a means of auditing the operation of the system.\n\n( B ) With respect to this subsection, personal information shall only be transferred to a third party on the condition that such party will not permit any other party to have access to such information without the written consent of the parents of the student. If a third party outside the educational agency or institution permits access to information in violation of paragraph ( 2 ) ( A ), or fails to destroy information in violation of paragraph ( 1 ) ( F ), the educational agency or institution shall be prohibited from permitting access to information from education records to that third party for a period of not less than five years.\n\n( 5 ) Nothing in this section shall be construed to prohibit State and local educational officials from having access to student or other records which may be necessary in connection with the audit and evaluation of any federally or State supported education program or in connection with the enforcement of the Federal legal requirements which relate to any such program, subject to the conditions specified in the proviso in paragraph ( 3 ).\n\n( 6 ) ( A ) Nothing in this section shall be construed to prohibit an institution of postsecondary education from disclosing, to an alleged victim of any crime of violence ( as that term is defined in section 16 of title 18 ), or a nonforcible XXXX offense, the final results of any disciplinary proceeding conducted by such institution against the alleged perpetrator of such crime or offense with respect to such crime or offense.\n\n( B ) Nothing in this section shall be construed to prohibit an institution of postsecondary education from disclosing the final results of any disciplinary proceeding conducted by such institution against a student who is an alleged perpetrator of any crime of violence ( as that term is defined in section 16 of title 18 ), or a nonforcible sex offense, if the institution determines as a result of that disciplinary proceeding that the student committed a violation of the institutions rules or policies with respect to such crime or offense.\n\n( C ) For the purpose of this paragraph, the final results of any disciplinary proceeding ( i ) shall include only the name of the student, the violation committed, and any sanction imposed by the institution on that student; and ( ii ) may include the name of any other student, such as a victim or witness, only with the written consent of that other student.\n\n( 7 ) ( A ) Nothing in this section may be construed to prohibit an educational institution from disclosing information provided to the institution under section 14071 [ 2 ] of title 42 concerning registered sex offenders who are required to register under such section.\n\n( B ) The Secretary shall take appropriate steps to notify educational institutions that disclosure of information described in subparagraph ( A ) is permitted. \n( c ) Surveys or data-gathering activities ; regulations Not later than 240 days after XX/XX/XXXX, the Secretary shall adopt appropriate regulations or procedures, or identify existing regulations or procedures, which protect the rights of privacy of students and their families in connection with any surveys or data-gathering activities conducted, assisted, or authorized by the Secretary or an administrative head of an education agency. Regulations established under this subsection shall include provisions controlling the use, dissemination, and protection of such data. No survey or data-gathering activities shall be conducted by the Secretary, or an administrative head of an education agency under an applicable program, unless such activities are authorized by law.\n\n( d ) Students rather than parents permission or consent For the purposes of this section, whenever a student has attained eighteen years of age, or is attending an institution of postsecondary education, the permission or consent required of and the rights accorded to the parents of the student shall thereafter only be required of and accorded to the student.\n\n( e ) Informing parents or students of rights under this section No funds shall be made available under any applicable program to any educational agency or institution unless such agency or institution effectively informs the parents of students, or the students, if they are eighteen years of age or older, or are attending an institution of postsecondary education, of the rights accorded them by this section.\n\n( f ) Enforcement ; termination of assistance The Secretary shall take appropriate actions to enforce this section and to deal with violations of this section, in accordance with this chapter, except that action to terminate assistance may be taken only if the Secretary finds there has been a failure to comply with this section, and he has determined that compliance can not be secured by voluntary means.\n\n( g ) Office and review board ; creation ; functions The Secretary shall establish or designate an office and review board within the Department for the purpose of investigating, processing, reviewing, and adjudicating violations of this section and complaints which may be filed concerning alleged violations of this section. Except for the conduct of hearings, none of the functions of the Secretary under this section shall be carried out in any of the regional offices of such Department.\n\n( h ) Disciplinary records ; disclosure Nothing in this section shall prohibit an educational agency or institution from ( 1 ) including appropriate information in the education record of any student concerning disciplinary action taken against such student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community ; or ( 2 ) disclosing such information to teachers and school officials, including teachers and school officials in other schools, who have legitimate educational interests in the behavior of the student.\n\n( i ) Drug and alcohol violation disclosures ( 1 ) In general Nothing in this Act or the Higher Education Act of 1965 [ 20 U.S.C. 1001 et seq. ] shall be construed to prohibit an institution of higher education from disclosing, to a parent or legal guardian of a student, information regarding any violation of any Federal, State, or local law, or of any rule or policy of the institution, governing the use or possession of alcohol or a controlled substance, regardless of whether that information is contained in the students education records, if ( A ) the student is under the age of 21 ; and ( B ) the institution determines that the student has committed a disciplinary violation with respect to such use or possession.\n\n( 2 ) State law regarding disclosure Nothing in paragraph ( 1 ) shall be construed to supersede any provision of State law that prohibits an institution of higher education from making the disclosure described in subsection ( a ).\n\n( j ) Investigation and prosecution of terrorism ( 1 ) In general Notwithstanding subsections ( a ) through ( i ) or any provision of State law, the Attorney General ( or any Federal officer or employee, in a position not lower than an Assistant Attorney General, designated by the Attorney General ) may submit a written application to a court of competent jurisdiction for an ex parte order requiring an educational agency or institution to permit the Attorney General ( or his designee ) to ( A ) collect education records in the possession of the educational agency or institution that are relevant to an authorized investigation or prosecution of an offense listed in section 2332b ( g ) ( 5 ) ( B ) of title 18, or an act of domestic or international terrorism as defined in section 2331 of that title ; and ( B ) for official purposes related to the investigation or prosecution of an offense described in paragraph ( 1 ) ( A ), retain, disseminate, and use ( including as evidence at trial or in other administrative or judicial proceedings ) such records, consistent with such guidelines as the Attorney General, after consultation with the Secretary, shall issue to protect confidentiality.\n\n( 2 ) Application and approval ( A ) In general.\n\nAn application under paragraph ( 1 ) shall certify that there are specific and articulable facts giving reason to believe that the education records are likely to contain information described in paragraph ( 1 ) ( A ).\n\n( B ) The court shall issue an order described in paragraph ( 1 ) if the court finds that the application for the order includes the certification described in subparagraph ( A ).\n\n( 3 ) Protection of educational agency or institution An educational agency or institution that, in good faith, produces education records in accordance with an order issued under this subsection shall not be liable to any person for that production.\n\n( 4 ) Record-keeping Subsection ( b ) ( 4 ) does not apply to education records subject to a court order under this subsection.","date_sent_to_company":"2023-08-08T02:33:37.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"600XX","tags":null,"has_narrative":true,"complaint_id":"7361604","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Nelnet, Inc.","date_received":"2023-08-08T02:26:21.000Z","state":"IL","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["<em>personally</em> identifiable information is specifically authorized by Federal law, any data collected by such officials shall be protected in a manner which will not permit the personal identification of students and their parents by other than those officials, and such <em>personally</em> identifiable data shall be destroyed when no longer needed for such <em>audit</em>, evaluation, and enforcement of Federal legal requirements"],"issue":["Problem with a credit reporting company's <em>investigation</em> <em>into</em> an existing problem"],"sub_issue":["Their <em>investigation</em> did not fix an error on your report"]},"sort":[8.416129,"7361604"]},{"_index":"complaint-public-v1","_id":"9697784","_score":8.410486,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"DEPARTMENT OF EDUCATION AIDVANTAGE are in violation of : 20 U.S. Code 1232g - Family educational and privacy rights ( a ) Conditions for availability of funds to educational agencies or institutions ; inspection and review of education records ; specific information to be made available ; procedure for access to education records ; reasonableness of time for such access ; hearings ; written explanations by parents ; definitions ( 1 ) ( A ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy of denying, or which effectively prevents, the parents of students who are or have been in attendance at a school of such agency or at such institution, as the case may be, the right to inspect and review the education records of their children. If any material or document in the education record of a student includes information on more than one student, the parents of one of such students shall have the right to inspect and review only such part of such material or document as relates to such student or to be informed of the specific information contained in such part of such material. Each educational agency or institution shall establish appropriate procedures for the granting of a request by parents for access to the education records of their children within a reasonable period of time, but in no case more than forty-five days after the request has been made. \n( B ) No funds under any applicable program shall be made available to any State educational agency ( whether or not that agency is an educational agency or institution under this section ) that has a policy of denying, or effectively prevents, the parents of students the right to inspect and review the education records maintained by the State educational agency on their children who are or have been in attendance at any school of an educational agency or institution that is subject to the provisions of this section. \n( C ) The first sentence of subparagraph ( A ) shall not operate to make available to students in institutions of postsecondary education the following materials : ( i ) financial records of the parents of the student or any information contained therein ; ( ii ) confidential letters and statements of recommendation, which were placed in the education records prior to XX/XX/XXXX, if such letters or statements are not used for purposes other than those for which they were specifically intended ; ( iii ) if the student has signed a waiver of the students right of access under this subsection in accordance with subparagraph ( D ), confidential recommendations ( I ) respecting admission to any educational agency or institution, ( II ) respecting an application for employment, and ( III ) respecting the receipt of an honor or honorary recognition. \n( D ) A student or a person applying for admission may waive his right of access to confidential statements described in clause ( iii ) of subparagraph ( C ), except that such waiver shall apply to recommendations only if ( i ) the student is, upon request, notified of the names of all persons making confidential recommendations and ( ii ) such recommendations are used solely for the purpose for which they were specifically intended. Such waivers may not be required as a condition for admission to, receipt of financial aid from, or receipt of any other services or benefits from such agency or institution. \n( 2 ) No funds shall be made available under any applicable program to any educational agency or institution unless the parents of students who are or have been in attendance at a school of such agency or at such institution are provided an opportunity for a hearing by such agency or institution, in accordance with regulations of the Secretary, to challenge the content of such students education records, in order to insure that the records are not inaccurate, misleading, or otherwise in violation of the privacy rights of students, and to provide an opportunity for the correction or deletion of any such inaccurate, misleading or otherwise inappropriate data contained therein and to insert into such records a written explanation of the parents respecting the content of such records. \n( 3 ) For the purposes of this section the term educational agency or institution means any public or private agency or institution which is the recipient of funds under any applicable program. \n( 4 ) ( A ) For the purposes of this section, the term education records means, except as may be provided otherwise in subparagraph ( B ), those records, files, documents, and other materials which ( i ) contain information directly related to a student; and ( ii ) are maintained by an educational agency or institution or by a person acting for such agency or institution. \n( B ) The term education records does not include ( i ) records of instructional, supervisory, and administrative personnel and educational personnel ancillary thereto which are in the sole possession of the maker thereof and which are not accessible or revealed to any other person except a substitute ; ( ii ) records maintained by a law enforcement unit of the educational agency or institution that were created by that law enforcement unit for the purpose of law enforcement ; ( iii ) in the case of persons who are employed by an educational agency or institution but who are not in attendance at such agency or institution, records made and maintained in the normal course of business which relate exclusively to such person in that persons capacity as an employee and are not available for use for any other purpose; or ( iv ) records on a student who is XXXX years of age or older, or is attending an institution of postsecondary education, which are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his professional or paraprofessional capacity, or assisting in that capacity, and which are made, maintained, or used only in connection with the provision of treatment to the student, and are not available to anyone other than persons providing such treatment, except that such records can be personally reviewed by a physician or other appropriate professional of the students choice. \n( 5 ) ( A ) For the purposes of this section the term directory information relating to a student includes the following : the students name, address, telephone listing, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous educational agency or institution attended by the student. \n( B ) Any educational agency or institution making public directory information shall give public notice of the categories of information which it has designated as such information with respect to each student attending the institution or agency and shall allow a reasonable period of time after such notice has been given for a parent to inform the institution or agency that any or all of the information designated should not be released without the parents prior consent. \n( 6 ) For the purposes of this section, the term student includes any person with respect to whom an educational agency or institution maintains education records or personally identifiable information, but does not include a person who has not been in attendance at such agency or institution. \n( b ) Release of education records ; parental consent requirement ; exceptions ; compliance with judicial orders and subpoenas ; audit and evaluation of federally-supported education programs ; recordkeeping ( 1 ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of permitting the release of 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 ( A ) other school officials, including teachers within the educational institution or local educational agency, who have been determined by such agency or institution to have legitimate educational interests, including the educational interests of the child for whom consent would otherwise be required ; ( B ) officials of other schools or school systems in which the student seeks or intends to enroll, upon condition that the students parents be notified of the transfer, receive a copy of the record if desired, and have an opportunity for a hearing to challenge the content of the record ; ( C ) ( i ) authorized representatives of ( I ) the Comptroller General of the United States , ( II ) the Secretary, or ( III ) State educational authorities, under the conditions set forth in paragraph ( 3 ), or ( ii ) authorized representatives of the Attorney General for law enforcement purposes under the same conditions as apply to the Secretary under paragraph ( 3 ) ; ( D ) in connection with a students application for, or receipt of, financial aid ; ( E ) State and local officials or authorities to whom such information is specifically allowed to be reported or disclosed pursuant to State statute adopted ( i ) before XX/XX/XXXX, if the allowed reporting or disclosure concerns the juvenile justice system and such systems ability to effectively serve the student whose records are released, or ( ii ) after XX/XX/XXXX, if ( I ) the allowed reporting or disclosure concerns the juvenile justice system and such systems ability to effectively serve, prior to adjudication, the student whose records are released ; and ( II ) the officials and authorities to whom such information is disclosed certify in writing to the educational agency or institution that the information will not be disclosed to any other party except as provided under State law without the prior written consent of the parent of the student. [ 1 ] ( F ) organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if such studies are conducted in such a manner as will not permit the personal identification of students and their parents by persons other than representatives of such organizations and such information will be destroyed when no longer needed for the purpose for which it is conducted ; ( G ) accrediting organizations in order to carry out their accrediting functions ; ( H ) parents of a dependent student of such parents, as defined in section 152 of title 26 ; ( I ) subject to regulations of the Secretary, in connection with an emergency, appropriate persons if the knowledge of such information is necessary to protect the health or safety of the student or other persons ; ( J ) ( i ) the entity or persons designated in a Federal grand jury subpoena, in which case the court shall order, for good cause shown, the educational agency or institution ( and any officer, director, employee, agent, or attorney for such agency or institution ) on which the subpoena is served, to not disclose to any person the existence or contents of the subpoena or any information furnished to the grand jury in response to the subpoena ; and ( ii ) the entity or persons designated in any other subpoena issued for a law enforcement purpose, in which case the court or other issuing agency may order, for good cause shown, the educational agency or institution ( and any officer, director, employee, agent, or attorney for such agency or institution ) on which the subpoena is served, to not disclose to any person the existence or contents of the subpoena or any information furnished in response to the subpoena ; ( K ) the Secretary of Agriculture, or authorized representative from the Food and Nutrition Service or contractors acting on behalf of the Food and Nutrition Service, for the purposes of conducting program monitoring, evaluations, and performance measurements of State and local educational and other agencies and institutions receiving funding or providing benefits of 1 or more programs authorized under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) or the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ) for which the results will be reported in an aggregate form that does not identify any individual, on the conditions that ( i ) any data collected under this subparagraph shall be protected in a manner that will not permit the personal identification of students and their parents by other than the authorized representatives of the Secretary; and ( ii ) any personally identifiable data shall be destroyed when the data are no longer needed for program monitoring, evaluations, and performance measurements; and ( L ) an agency caseworker or other representative of a State or local child welfare agency, or tribal organization ( as defined in section 5304 of title 25 ), who has the right to access a students case plan, as defined and determined by the State or tribal organization, when such agency or organization is legally responsible, in accordance with State or tribal law, for the care and protection of the student, provided that the education records, or the personally identifiable information contained in such records, of the student will not be disclosed by such agency or organization, except to an individual or entity engaged in addressing the students education needs and authorized by such agency or organization to receive such disclosure and such disclosure is consistent with the State or tribal laws applicable to protecting the confidentiality of a students education records. \nNothing in subparagraph ( E ) of this paragraph shall prevent a State from further limiting the number or type of State or local officials who will continue to have access thereunder.\n\n( 2 ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of releasing, or providing access to, any personally identifiable information in education records other than directory information, or as is permitted under paragraph ( 1 ) of this subsection, unless ( A ) there is written consent from the students parents specifying records to be released, the reasons for such release, and to whom, and with a copy of the records to be released to the students parents and the student if desired by the parents, or ( B ) except as provided in paragraph ( 1 ) ( J ), such information is furnished in compliance with judicial order, or pursuant to any lawfully issued subpoena, upon condition that parents and the students are notified of all such orders or subpoenas in advance of the compliance therewith by the educational institution or agency, except when a parent is a party to a court proceeding involving child abuse and neglect ( as defined in section 3 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 note ) ) or dependency matters, and the order is issued in the context of that proceeding, additional notice to the parent by the educational agency or institution is not required.\n\n( 3 ) Nothing contained in this section shall preclude authorized representatives of ( A ) the Comptroller General of the United States, ( B ) the Secretary, or ( C ) State educational authorities from having access to student or other records which may be necessary in connection with the audit and evaluation of Federally-supported education programs, or in connection with the enforcement of the Federal legal requirements which relate to such programs : Provided, That except when collection of personally identifiable information is specifically authorized by Federal law, any data collected by such officials shall be protected in a manner which will not permit the personal identification of students and their parents by other than those officials, and such personally identifiable data shall be destroyed when no longer needed for such audit, evaluation, and enforcement of Federal legal requirements. \n( 4 ) ( A ) Each educational agency or institution shall maintain a record, kept with the education records of each student, which will indicate all individuals ( other than those specified in paragraph ( 1 ) ( A ) of this subsection ), agencies, or organizations which have requested or obtained access to a students education records maintained by such educational agency or institution, and which will indicate specifically the legitimate interest that each such person, agency, or organization has in obtaining this information. Such record of access shall be available only to parents, to the school official and his assistants who are responsible for the custody of such records, and to persons or organizations authorized in, and under the conditions of, clauses ( A ) and ( C ) of paragraph ( 1 ) as a means of auditing the operation of the system. \n( B ) With respect to this subsection, personal information shall only be transferred to a third party on the condition that such party will not permit any other party to have access to such information without the written consent of the parents of the student. If a third party outside the educational agency or institution permits access to information in violation of paragraph ( 2 ) ( A ), or fails to destroy information in violation of paragraph ( 1 ) ( F ), the educational agency or institution shall be prohibited from permitting access to information from education records to that third party for a period of not less than five years. \n( 5 ) Nothing in this section shall be construed to prohibit State and local educational officials from having access to student or other records which may be necessary in connection with the audit and evaluation of any federally or State supported education program or in connection with the enforcement of the Federal legal requirements which relate to any such program, subject to the conditions specified in the proviso in paragraph ( 3 ). \n( 6 ) ( A ) Nothing in this section shall be construed to prohibit an institution of postsecondary education from disclosing, to an alleged victim of any crime of violence ( as that term is defined in section 16 of title 18 ), or a nonforcible XXXX offense, the final results of any disciplinary proceeding conducted by such institution against the alleged perpetrator of such crime or offense with respect to such crime or offense. \n( B ) Nothing in this section shall be construed to prohibit an institution of postsecondary education from disclosing the final results of any disciplinary proceeding conducted by such institution against a student who is an alleged perpetrator of any crime of violence ( as that term is defined in section 16 of title 18 ), or a nonforcible XXXX offense, if the institution determines as a result of that disciplinary proceeding that the student committed a violation of the institutions rules or policies with respect to such crime or offense. \n( C ) For the purpose of this paragraph, the final results of any disciplinary proceeding ( i ) shall include only the name of the student, the violation committed, and any sanction imposed by the institution on that student; and ( ii ) may include the name of any other student, such as a victim or witness, only with the written consent of that other student. \n( 7 ) ( A ) Nothing in this section may be construed to prohibit an educational institution from disclosing information provided to the institution under section 14071 [ 2 ] of title 42 concerning registered XXXX offenders who are required to register under such section. \n( B ) The Secretary shall take appropriate steps to notify educational institutions that disclosure of information described in subparagraph ( A ) is permitted. \n( c ) Surveys or data-gathering activities ; regulations Not later than 240 days after XX/XX/XXXX, the Secretary shall adopt appropriate regulations or procedures, or identify existing regulations or procedures, which protect the rights of privacy of students and their families in connection with any surveys or data-gathering activities conducted, assisted, or authorized by the Secretary or an administrative head of an education agency. Regulations established under this subsection shall include provisions controlling the use, dissemination, and protection of such data. No survey or data-gathering activities shall be conducted by the Secretary, or an administrative head of an education agency under an applicable program, unless such activities are authorized by law. \n\n( d ) Students rather than parents permission or consent For the purposes of this section, whenever a student has attained XXXX years of age, or is attending an institution of postsecondary education, the permission or consent required of and the rights accorded to the parents of the student shall thereafter only be required of and accorded to the student. \n\n( e ) Informing parents or students of rights under this section No funds shall be made available under any applicable program to any educational agency or institution unless such agency or institution effectively informs the parents of students, or the students, if they are XXXX years of age or older, or are attending an institution of postsecondary education, of the rights accorded them by this section. \n\n( f ) Enforcement ; termination of assistance The Secretary shall take appropriate actions to enforce this section and to deal with violations of this section, in accordance with this chapter, except that action to terminate assistance may be taken only if the Secretary finds there has been a failure to comply with this section, and he has determined that compliance can not be secured by voluntary means. \n\n( g ) Office and review board ; creation ; functions The Secretary shall establish or designate an office and review board within the Department for the purpose of investigating, processing, reviewing, and adjudicating violations of this section and complaints which may be filed concerning alleged violations of this section. Except for the conduct of hearings, none of the functions of the Secretary under this section shall be carried out in any of the regional offices of such Department. \n\n( h ) Disciplinary records ; disclosure Nothing in this section shall prohibit an educational agency or institution from ( 1 ) including appropriate information in the education record of any student concerning disciplinary action taken against such student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community ; or ( 2 ) disclosing such information to teachers and school officials, including teachers and school officials in other schools, who have legitimate educational interests in the behavior of the student. \n( i ) Drug and alcohol violation disclosures ( 1 ) In general Nothing in this Act or the Higher Education Act of 1965 [ 20 U.S.C. 1001 et seq. ] shall be construed to prohibit an institution of higher education from disclosing, to a parent or legal guardian of a student, information regarding any violation of any Federal, State, or local law, or of any rule or policy of the institution, governing the use or possession of alcohol or a controlled substance, regardless of whether that information is contained in the students education records, if ( A ) the student is under the age of 21 ; and ( B ) the institution determines that the student has committed a disciplinary violation with respect to such use or possession. \n( 2 ) State law regarding disclosure Nothing in paragraph ( 1 ) shall be construed to supersede any provision of State law that prohibits an institution of higher education from making the disclosure described in subsection ( a ). \n\n( j ) Investigation and prosecution of terrorism ( 1 ) In general Notwithstanding subsections ( a ) through ( i ) or any provision of State law, the Attorney General ( or any Federal officer or employee, in a position not lower than an Assistant Attorney General, designated by the Attorney General ) may submit a written application to a court of competent jurisdiction for an ex parte order requiring an educational agency or institution to permit the Attorney General ( or his designee ) to ( A ) collect education records in the possession of the educational agency or institution that are relevant to an authorized investigation or prosecution of an offense listed in section 2332b ( g ) ( 5 ) ( B ) of title 18, or an act of domestic or international terrorism as defined in section 2331 of that title ; and ( B ) for official purposes related to the investigation or prosecution of an offense described in paragraph ( 1 ) ( A ), retain, disseminate, and use ( including as evidence at trial or in other administrative or judicial proceedings ) such records, consistent with such guidelines as the Attorney General, after consultation with the Secretary, shall issue to protect confidentiality. \n( 2 ) Application and approval ( A ) In general. \nAn application under paragraph ( 1 ) shall certify that there are specific and articulable facts giving reason to believe that the education records are likely to contain information described in paragraph ( 1 ) ( A ). \n( B ) The court shall issue an order described in paragraph ( 1 ) if the court finds that the application for the order includes the certification described in subparagraph ( A ). \n( 3 ) Protection of educational agency or institution An educational agency or institution that, in good faith, produces education records in accordance with an order issued under this subsection shall not be liable to any person for that production. \n\n( 4 ) Record-keeping Subsection ( b ) ( 4 ) does not apply to education records subject to a court order under this subsection.","date_sent_to_company":"2024-08-03T23:52:26.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"28562","tags":null,"has_narrative":true,"complaint_id":"9697784","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Maximus Federal Services, Inc.","date_received":"2024-08-03T23:52:24.000Z","state":"NC","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["<em>personally</em> identifiable information is specifically authorized by Federal law, any data collected by such officials shall be protected in a manner which will not permit the personal identification of students and their parents by other than those officials, and such <em>personally</em> identifiable data shall be destroyed when no longer needed for such <em>audit</em>, evaluation, and enforcement of Federal legal requirements"]},"sort":[8.410486,"9697784"]},{"_index":"complaint-public-v1","_id":"7361728","_score":8.410486,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"Transunion, XXXX, and XXXX are reporting my student loan financial information without my consent. My student loan financial history is protect under th\n\ne Family Educational Act. 20 U.S. Code 1232g - Family educational and privacy rights ( a ) Conditions for availability of funds to educational agencies or institutions ; inspection and review of education records ; specific inf\normation to be made available ; procedure for access to education records ; reasonableness of time for such access ; hearings; written explanations by parents ; definitions ( 1 ) ( A ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy of denying, or which effectively prevents, the parents of students who are or have been in attendance at a school of such agency or at such institution, as the case may be, the right to inspect and review the education records of their children. If any material or document in the education record of a student includes information on more than one student, the parents of one of such students shall have the right to inspect and review only such part of such material or document as relates to such student or to be informed of the specific information contained in such part of such material. Each educational agency or institution shall establish appropriate procedures for the granting of a request by parents for access to the education records of their children within a reasonable period of time, but in no case more than forty-five days after the request has been made.\n\n( B ) No funds under any applicable program shall be made available to any State educational agency ( whether or not that agency is an educational agency or institution under this section ) that has a policy of denying, or effectively prevents, the parents of students the right to inspect and review the education records maintained by the State educational agency on their children who are or have been in attendance at any school of an educational agency or institution that is subject to the provisions of this section.\n\n( C ) The first sentence of subparagraph ( A ) shall not operate to make available to students in institutions of postsecondary education the following materials : ( i ) financial records of the parents of the student or any information contained therein ; ( ii ) confidential letters and statements of recommendation, which were placed in the education records prior to XXXX XXXX, XXXX, if such letters or statements are not used for purposes other than those for which they were specifically intended ; ( iii ) if the student has signed a waiver of the students right of access under this subsection in accordance with subparagraph ( D ), confidential recommendations ( I ) respecting admission to any educational agency or institution, ( II ) respecting an application for employment, and ( III ) respecting the receipt of an honor or honorary recognition.\n\n( D ) A student or a person applying for admission may waive his right of access to confidential statements described in clause ( iii ) of subparagraph ( C ), except that such waiver shall apply to recommendations only if ( i ) the student is, upon request, notified of the names of all persons making confidential recommendations and ( ii ) such recommendations are used solely for the purpose for which they were specifically intended. Such waivers may not be required as a condition for admission to, receipt of financial aid from, or receipt of any other services or benefits from such agency or institution.\n\n( 2 ) No funds shall be made available under any applicable program to any educational agency or institution unless the parents of students who are or have been in attendance at a school of such agency or at such institution are provided an opportunity for a hearing by such agency or institution, in accordance with regulations of the Secretary, to challenge the content of such students education records, in order to insure that the records are not inaccurate, misleading, or otherwise in violation of the privacy rights of students, and to provide an opportunity for the correction or deletion of any such inaccurate, misleading or otherwise inappropriate data contained therein and to insert into such records a written explanation of the parents respecting the content of such records.\n\n( 3 ) For the purposes of this section the term educational agency or institution means any public or private agency or institution which is the recipient of funds under any applicable program.\n\n( 4 ) ( A ) For the purposes of this section, the term education records means, except as may be provided otherwise in subparagraph ( B ), those records, files, documents, and other materials which ( i ) contain information directly related to a student; and ( ii ) are maintained by an educational agency or institution or by a person acting for such agency or institution.\n\n( B ) The term education records does not include ( i ) records of instructional, supervisory, and administrative personnel and educational personnel ancillary thereto which are in the sole possession of the maker thereof and which are not accessible or revealed to any other person except a substitute ; ( ii ) records maintained by a law enforcement unit of the educational agency or institution that were created by that law enforcement unit for the purpose of law enforcement ; ( iii ) in the case of persons who are employed by an educational agency or institution but who are not in attendance at such agency or institution, records made and maintained in the normal course of business which relate exclusively to such person in that persons capacity as an employee and are not available for use for any other purpose; or ( iv ) records on a student who is eighteen years of age or older, or is attending an institution of postsecondary education, which are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his professional or paraprofessional capacity, or assisting in that capacity, and which are made, maintained, or used only in connection with the provision of treatment to the student, and are not available to anyone other than persons providing such treatment, except that such records can be personally reviewed by a physician or other appropriate professional of the students choice.\n\n( 5 ) ( A ) For the purposes of this section the term directory information relating to a student includes the following : the students name, address, telephone listing, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous educational agency or institution attended by the student.\n\n( B ) Any educational agency or institution making public directory information shall give public notice of the categories of information which it has designated as such information with respect to each student attending the institution or agency and shall allow a reasonable period of time after such notice has been given for a parent to inform the institution or agency that any or all of the information designated should not be released without the parents prior consent.\n\n( 6 ) For the purposes of this section, the term student includes any person with respect to whom an educational agency or institution maintains education records or personally identifiable information, but does not include a person who has not been in attendance at such agency or institution.\n\n( b ) Release of education records ; parental consent requirement ; exceptions ; compliance with judicial orders and subpoenas ; audit and evaluation of federally-supported education programs ; recordkeeping ( 1 ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of permitting the release of 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 ( A ) other school officials, including teachers within the educational institution or local educational agency, who have been determined by such agency or institution to have legitimate educational interests, including the educational interests of the child for whom consent would otherwise be required ; ( B ) officials of other schools or school systems in which the student seeks or intends to enroll, upon condition that the students parents be notified of the transfer, receive a copy of the record if desired, and have an opportunity for a hearing to challenge the content of the record ; ( C ) ( i ) authorized representatives of ( I ) the Comptroller General of the United States , ( II ) the Secretary, or ( III ) State educational authorities, under the conditions set forth in paragraph ( 3 ), or ( ii ) authorized representatives of the Attorney General for law enforcement purposes under the same conditions as apply to the Secretary under paragraph ( 3 ) ; ( D ) in connection with a students application for, or receipt of, financial aid ; ( E ) State and local officials or authorities to whom such information is specifically allowed to be reported or disclosed pursuant to State statute adopted ( i ) before November 19, 1974, if the allowed reporting or disclosure concerns the juvenile justice system and such systems ability to effectively serve the student whose records are released, or ( ii ) after November 19, 1974, if ( I ) the allowed reporting or disclosure concerns the juvenile justice system and such systems ability to effectively serve, prior to adjudication, the student whose records are released ; and ( II ) the officials and authorities to whom such information is disclosed certify in writing to the educational agency or institution that the information will not be disclosed to any other party except as provided under State law without the prior written consent of the parent of the student. [ 1 ] ( F ) organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if such studies are conducted in such a manner as will not permit the personal identification of students and their parents by persons other than representatives of such organizations and such information will be destroyed when no longer needed for the purpose for which it is conducted ; ( G ) accrediting organizations in order to carry out their accrediting functions ; ( H ) parents of a dependent student of such parents, as defined in section 152 of title 26 ; ( I ) subject to regulations of the Secretary, in connection with an emergency, appropriate persons if the knowledge of such information is necessary to protect the health or safety of the student or other persons ; ( J ) ( i ) the entity or persons designated in a Federal grand jury subpoena, in which case the court shall order, for good cause shown, the educational agency or institution ( and any officer, director, employee, agent, or attorney for such agency or institution ) on which the subpoena is served, to not disclose to any person the existence or contents of the subpoena or any information furnished to the grand jury in response to the subpoena ; and ( ii ) the entity or persons designated in any other subpoena issued for a law enforcement purpose, in which case the court or other issuing agency may order, for good cause shown, the educational agency or institution ( and any officer, director, employee, agent, or attorney for such agency or institution ) on which the subpoena is served, to not disclose to any person the existence or contents of the subpoena or any information furnished in response to the subpoena ; ( K ) the Secretary of Agriculture, or authorized representative from the Food and Nutrition Service or contractors acting on behalf of the Food and Nutrition Service, for the purposes of conducting program monitoring, evaluations, and performance measurements of State and local educational and other agencies and institutions receiving funding or providing benefits of 1 or more programs authorized under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) or the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ) for which the results will be reported in an aggregate form that does not identify any individual, on the conditions that ( i ) any data collected under this subparagraph shall be protected in a manner that will not permit the personal identification of students and their parents by other than the authorized representatives of the Secretary; and ( ii ) any personally identifiable data shall be destroyed when the data are no longer needed for program monitoring, evaluations, and performance measurements; and ( L ) an agency caseworker or other representative of a State or local child welfare agency, or tribal organization ( as defined in section 5304 of title 25 ), who has the right to access a students case plan, as defined and determined by the State or tribal organization, when such agency or organization is legally responsible, in accordance with State or tribal law, for the care and protection of the student, provided that the education records, or the personally identifiable information contained in such records, of the student will not be disclosed by such agency or organization, except to an individual or entity engaged in addressing the students education needs and authorized by such agency or organization to receive such disclosure and such disclosure is consistent with the State or tribal laws applicable to protecting the confidentiality of a students education records.\n\nNothing in subparagraph ( E ) of this paragraph shall prevent a State from further limiting the number or type of State or local officials who will continue to have access thereunder.\n\n( 2 ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of releasing, or providing access to, any personally identifiable information in education records other than directory information, or as is permitted under paragraph ( 1 ) of this subsection, unless ( A ) there is written consent from the students parents specifying records to be released, the reasons for such release, and to whom, and with a copy of the records to be released to the students parents and the student if desired by the parents, or ( B ) except as provided in paragraph ( 1 ) ( J ), such information is furnished in compliance with judicial order, or pursuant to any lawfully issued subpoena, upon condition that parents and the students are notified of all such orders or subpoenas in advance of the compliance therewith by the educational institution or agency, except when a parent is a party to a court proceeding involving child abuse and neglect ( as defined in section 3 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 note ) ) or dependency matters, and the order is issued in the context of that proceeding, additional notice to the parent by the educational agency or institution is not required.\n\n( 3 ) Nothing contained in this section shall preclude authorized representatives of ( A ) the Comptroller General of the United States, ( B ) the Secretary, or ( C ) State educational authorities from having access to student or other records which may be necessary in connection with the audit and evaluation of Federally-supported education programs, or in connection with the enforcement of the Federal legal requirements which relate to such programs : Provided, That except when collection of personally identifiable information is specifically authorized by Federal law, any data collected by such officials shall be protected in a manner which will not permit the personal identification of students and their parents by other than those officials, and such personally identifiable data shall be destroyed when no longer needed for such audit, evaluation, and enforcement of Federal legal requirements.\n\n( 4 ) ( A ) Each educational agency or institution shall maintain a record, kept with the education records of each student, which will indicate all individuals ( other than those specified in paragraph ( 1 ) ( A ) of this subsection ), agencies, or organizations which have requested or obtained access to a students education records maintained by such educational agency or institution, and which will indicate specifically the legitimate interest that each such person, agency, or organization has in obtaining this information. Such record of access shall be available only to parents, to the school official and his assistants who are responsible for the custody of such records, and to persons or organizations authorized in, and under the conditions of, clauses ( A ) and ( C ) of paragraph ( 1 ) as a means of auditing the operation of the system.\n\n( B ) With respect to this subsection, personal information shall only be transferred to a third party on the condition that such party will not permit any other party to have access to such information without the written consent of the parents of the student. If a third party outside the educational agency or institution permits access to information in violation of paragraph ( 2 ) ( A ), or fails to destroy information in violation of paragraph ( 1 ) ( F ), the educational agency or institution shall be prohibited from permitting access to information from education records to that third party for a period of not less than five years.\n\n( 5 ) Nothing in this section shall be construed to prohibit State and local educational officials from having access to student or other records which may be necessary in connection with the audit and evaluation of any federally or State supported education program or in connection with the enforcement of the Federal legal requirements which relate to any such program, subject to the conditions specified in the proviso in paragraph ( 3 ).\n\n( 6 ) ( A ) Nothing in this section shall be construed to prohibit an institution of postsecondary education from disclosing, to an alleged victim of any crime of violence ( as that term is defined in section 16 of title 18 ), or a nonforcible sex offense, the final results of any disciplinary proceeding conducted by such institution against the alleged perpetrator of such crime or offense with respect to such crime or offense.\n\n( B ) Nothing in this section shall be construed to prohibit an institution of postsecondary education from disclosing the final results of any disciplinary proceeding conducted by such institution against a student who is an alleged perpetrator of any crime of violence ( as that term is defined in section 16 of title 18 ), or a nonforcible sex offense, if the institution determines as a result of that disciplinary proceeding that the student committed a violation of the institutions rules or policies with respect to such crime or offense.\n\n( C ) For the purpose of this paragraph, the final results of any disciplinary proceeding ( i ) shall include only the name of the student, the violation committed, and any sanction imposed by the institution on that student; and ( ii ) may include the name of any other student, such as a victim or witness, only with the written consent of that other student.\n\n( 7 ) ( A ) Nothing in this section may be construed to prohibit an educational institution from disclosing information provided to the institution under section 14071 [ 2 ] of title 42 concerning XXXX XXXX XXXX who are required to register under such section.\n\n( B ) The Secretary shall take appropriate steps to notify educational institutions that disclosure of information described in subparagraph ( A ) is permitted.\n\n( c ) Surveys or data-gathering activities ; regulations Not later than 240 days after XXXX XXXX XXXX, the Secretary shall adopt appropriate regulations or procedures, or identify existing regulations or procedures, which protect the rights of privacy of students and their families in connection with any surveys or data-gathering activities conducted, assisted, or authorized by the Secretary or an administrative head of an education agency. Regulations established under this subsection shall include provisions controlling the use, dissemination, and protection of such data. No survey or data-gathering activities shall be conducted by the Secretary, or an administrative head of an education agency under an applicable program, unless such activities are authorized by law.\n\n( d ) Students rather than parents permission or consent For the purposes of this section, whenever a student has attained eighteen years of age, or is attending an institution of postsecondary education, the permission or consent required of and the rights accorded to the parents of the student shall thereafter only be required of and accorded to the student.\n\n( e ) Informing parents or students of rights under this section No funds shall be made available under any applicable program to any educational agency or institution unless such agency or institution effectively informs the parents of students, or the students, if they are eighteen years of age or older, or are attending an institution of postsecondary education, of the rights accorded them by this section.\n\n( f ) Enforcement ; termination of assistance The Secretary shall take appropriate actions to enforce this section and to deal with violations of this section, in accordance with this chapter, except that action to terminate assistance may be taken only if the Secretary finds there has been a failure to comply with this section, and he has determined that compliance can not be secured by voluntary means.\n\n( g ) Office and review board ; creation ; functions The Secretary shall establish or designate an office and review board within the Department for the purpose of investigating, processing, reviewing, and adjudicating violations of this section and complaints which may be filed concerning alleged violations of this section. Except for the conduct of hearings, none of the functions of the Secretary under this section shall be carried out in any of the regional offices of such Department.\n\n( h ) Disciplinary records ; disclosure Nothing in this section shall prohibit an educational agency or institution from ( 1 ) including appropriate information in the education record of any student concerning disciplinary action taken against such student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community ; or ( 2 ) disclosing such information to teachers and school officials, including teachers and school officials in other schools, who have legitimate educational interests in the behavior of the student.\n\n( i ) Drug and alcohol violation disclosures ( 1 ) In general Nothing in this Act or the Higher Education Act of 1965 [ 20 U.S.C. 1001 et seq. ] shall be construed to prohibit an institution of higher education from disclosing, to a parent or legal guardian of a student, information regarding any violation of any Federal, State, or local law, or of any rule or policy of the institution, governing the use or possession of alcohol or a controlled substance, regardless of whether that information is contained in the students education records, if ( A ) the student is under the age of 21 ; and ( B ) the institution determines that the student has committed a disciplinary violation with respect to such use or possession.\n\n( 2 ) State law regarding disclosure Nothing in paragraph ( 1 ) shall be construed to supersede any provision of State law that prohibits an institution of higher education from making the disclosure described in subsection ( a ).\n\n( j ) Investigation and prosecution of terrorism ( 1 ) In general Notwithstanding subsections ( a ) through ( i ) or any provision of State law, the Attorney General ( or any Federal officer or employee, in a position not lower than an Assistant Attorney General, designated by the Attorney General ) may submit a written application to a court of competent jurisdiction for an ex parte order requiring an educational agency or institution to permit the Attorney General ( or his designee ) to ( A ) collect education records in the possession of the educational agency or institution that are relevant to an authorized investigation or prosecution of an offense listed in section 2332b ( g ) ( 5 ) ( B ) of title 18, or an act of domestic or international terrorism as defined in section 2331 of that title ; and ( B ) for official purposes related to the investigation or prosecution of an offense described in paragraph ( 1 ) ( A ), retain, disseminate, and use ( including as evidence at trial or in other administrative or judicial proceedings ) such records, consistent with such guidelines as the Attorney General, after consultation with the Secretary, shall issue to protect confidentiality.\n\n( 2 ) Application and approval ( A ) In general.\n\nAn application under paragraph ( 1 ) shall certify that there are specific and articulable facts giving reason to believe that the education records are likely to contain information described in paragraph ( 1 ) ( A ).\n\n( B ) The court shall issue an order described in paragraph ( 1 ) if the court finds that the application for the order includes the certification described in subparagraph ( A ).\n\n( 3 ) Protection of educational agency or institution An educational agency or institution that, in good faith, produces education records in accordance with an order issued under this subsection shall not be liable to any person for that production.\n\n( 4 ) Record-keeping Subsection ( b ) ( 4 ) does not apply to education records subject to a court order under this subsection.","date_sent_to_company":"2023-08-08T02:23:50.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"600XX","tags":null,"has_narrative":true,"complaint_id":"7361728","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2023-08-08T02:11:23.000Z","state":"IL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["<em>personally</em> identifiable information is specifically authorized by Federal law, any data collected by such officials shall be protected in a manner which will not permit the personal identification of students and their parents by other than those officials, and such <em>personally</em> identifiable data shall be destroyed when no longer needed for such <em>audit</em>, evaluation, and enforcement of Federal legal requirements"],"issue":["Problem with a credit reporting company's <em>investigation</em> <em>into</em> an existing problem"],"sub_issue":["Their <em>investigation</em> did not fix an error on your report"]},"sort":[8.410486,"7361728"]},{"_index":"complaint-public-v1","_id":"7361709","_score":8.410486,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"XXXX, Experian, and XXXX are reporting my student loan financial information without my consent. My student loan financial history is protect under the Family Educational Act.\n\n20 U.S. Code 1232g - Family educational and privacy rights ( a ) Conditions for availability of funds to educational agencies or institutions ; inspection and review of education records ; specific information to be made available ; procedure for access to education records ; reasonableness of time for such access ; hearings; written explanations by parents ; definitions ( 1 ) ( A ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy of denying, or which effectively prevents, the parents of students who are or have been in attendance at a school of such agency or at such institution, as the case may be, the right to inspect and review the education records of their children. If any material or document in the education record of a student includes information on more than one student, the parents of one of such students shall have the right to inspect and review only such part of such material or document as relates to such student or to be informed of the specific information contained in such part of such material. Each educational agency or institution shall establish appropriate procedures for the granting of a request by parents for access to the education records of their children within a reasonable period of time, but in no case more than forty-five days after the request has been made. \n( B ) No funds under any applicable program shall be made available to any State educational agency ( whether or not that agency is an educational agency or institution under this section ) that has a policy of denying, or effectively prevents, the parents of students the right to inspect and review the education records maintained by the State educational agency on their children who are or have been in attendance at any school of an educational agency or institution that is subject to the provisions of this section. \n( C ) The first sentence of subparagraph ( A ) shall not operate to make available to students in institutions of postsecondary education the following materials : ( i ) financial records of the parents of the student or any information contained therein ; ( ii ) confidential letters and statements of recommendation, which were placed in the education records prior to XX/XX/XXXX, if such letters or statements are not used for purposes other than those for which they were specifically intended ; ( iii ) if the student has signed a waiver of the students right of access under this subsection in accordance with subparagraph ( D ), confidential recommendations ( XXXX ) respecting admission to any educational agency or institution, ( II ) respecting an application for employment, and ( III ) respecting the receipt of an honor or honorary recognition.\n\n( D ) A student or a person applying for admission may waive his right of access to confidential statements described in clause ( iii ) of subparagraph ( C ), except that such waiver shall apply to recommendations only if ( i ) the student is, upon request, notified of the names of all persons making confidential recommendations and ( ii ) such recommendations are used solely for the purpose for which they were specifically intended. Such waivers may not be required as a condition for admission to, receipt of financial aid from, or receipt of any other services or benefits from such agency or institution.\n\n( 2 ) No funds shall be made available under any applicable program to any educational agency or institution unless the parents of students who are or have been in attendance at a school of such agency or at such institution are provided an opportunity for a hearing by such agency or institution, in accordance with regulations of the Secretary, to challenge the content of such students education records, in order to insure that the records are not inaccurate, misleading, or otherwise in violation of the privacy rights of students, and to provide an opportunity for the correction or deletion of any such inaccurate, misleading or otherwise inappropriate data contained therein and to insert into such records a written explanation of the parents respecting the content of such records.\n\n( 3 ) For the purposes of this section the term educational agency or institution means any public or private agency or institution which is the recipient of funds under any applicable program.\n\n( 4 ) ( A ) For the purposes of this section, the term education records means, except as may be provided otherwise in subparagraph ( B ), those records, files, documents, and other materials which ( i ) contain information directly related to a student; and ( ii ) are maintained by an educational agency or institution or by a person acting for such agency or institution.\n\n( B ) The term education records does not include ( i ) records of instructional, supervisory, and administrative personnel and educational personnel ancillary thereto which are in the sole possession of the maker thereof and which are not accessible or revealed to any other person except a substitute ; ( ii ) records maintained by a law enforcement unit of the educational agency or institution that were created by that law enforcement unit for the purpose of law enforcement ; ( iii ) in the case of persons who are employed by an educational agency or institution but who are not in attendance at such agency or institution, records made and maintained in the normal course of business which relate exclusively to such person in that persons capacity as an employee and are not available for use for any other purpose; or ( iv ) records on a student who is eighteen years of age or older, or is attending an institution of postsecondary education, which are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his professional or paraprofessional capacity, or assisting in that capacity, and which are made, maintained, or used only in connection with the provision of treatment to the student, and are not available to anyone other than persons providing such treatment, except that such records can be personally reviewed by a physician or other appropriate professional of the students choice.\n\n( 5 ) ( A ) For the purposes of this section the term directory information relating to a student includes the following : the students name, address, telephone listing, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous educational agency or institution attended by the student.\n\n( B ) Any educational agency or institution making public directory information shall give public notice of the categories of information which it has designated as such information with respect to each student attending the institution or agency and shall allow a reasonable period of time after such notice has been given for a parent to inform the institution or agency that any or all of the information designated should not be released without the parents prior consent.\n\n( 6 ) For the purposes of this section, the term student includes any person with respect to whom an educational agency or institution maintains education records or personally identifiable information, but does not include a person who has not been in attendance at such agency or institution.\n\n( b ) Release of education records ; parental consent requirement ; exceptions ; compliance with judicial orders and subpoenas ; audit and evaluation of federally-supported education programs ; recordkeeping ( 1 ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of permitting the release of 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 ( A ) other school officials, including teachers within the educational institution or local educational agency, who have been determined by such agency or institution to have legitimate educational interests, including the educational interests of the child for whom consent would otherwise be required ; ( B ) officials of other schools or school systems in which the student seeks or intends to enroll, upon condition that the students parents be notified of the transfer, receive a copy of the record if desired, and have an opportunity for a hearing to challenge the content of the record ; ( C ) ( i ) authorized representatives of ( I ) the Comptroller General of the United States , ( II ) the Secretary, or ( III ) State educational authorities, under the conditions set forth in paragraph ( 3 ), or ( ii ) authorized representatives of the Attorney General for law enforcement purposes under the same conditions as apply to the Secretary under paragraph ( 3 ) ; ( D ) in connection with a students application for, or receipt of, financial aid ; ( E ) State and local officials or authorities to whom such information is specifically allowed to be reported or disclosed pursuant to State statute adopted ( i ) before XX/XX/XXXX, if the allowed reporting or disclosure concerns the juvenile justice system and such systems ability to effectively serve the student whose records are released, or ( ii ) after XX/XX/XXXX, if ( I ) the allowed reporting or disclosure concerns the juvenile justice system and such systems ability to effectively serve, prior to adjudication, the student whose records are released ; and ( II ) the officials and authorities to whom such information is disclosed certify in writing to the educational agency or institution that the information will not be disclosed to any other party except as provided under State law without the prior written consent of the parent of the student. [ XXXX ] ( F ) organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if such studies are conducted in such a manner as will not permit the personal identification of students and their parents by persons other than representatives of such organizations and such information will be destroyed when no longer needed for the purpose for which it is conducted ; ( G ) accrediting organizations in order to carry out their accrediting functions ; ( H ) parents of a dependent student of such parents, as defined in section 152 of title 26 ; ( I ) subject to regulations of the Secretary, in connection with an emergency, appropriate persons if the knowledge of such information is necessary to protect the health or safety of the student or other persons ; ( J ) ( i ) the entity or persons designated in a Federal grand jury subpoena, in which case the court shall order, for good cause shown, the educational agency or institution ( and any officer, director, employee, agent, or attorney for such agency or institution ) on which the subpoena is served, to not disclose to any person the existence or contents of the subpoena or any information furnished to the grand jury in response to the subpoena ; and ( ii ) the entity or persons designated in any other subpoena issued for a law enforcement purpose, in which case the court or other issuing agency may order, for good cause shown, the educational agency or institution ( and any officer, director, employee, agent, or attorney for such agency or institution ) on which the subpoena is served, to not disclose to any person the existence or contents of the subpoena or any information furnished in response to the subpoena ; ( K ) the Secretary of Agriculture, or authorized representative from the Food and Nutrition Service or contractors acting on behalf of the Food and Nutrition Service, for the purposes of conducting program monitoring, evaluations, and performance measurements of State and local educational and other agencies and institutions receiving funding or providing benefits of 1 or more programs authorized under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) or the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ) for which the results will be reported in an aggregate form that does not identify any individual, on the conditions that ( i ) any data collected under this subparagraph shall be protected in a manner that will not permit the personal identification of students and their parents by other than the authorized representatives of the Secretary; and ( ii ) any personally identifiable data shall be destroyed when the data are no longer needed for program monitoring, evaluations, and performance measurements; and ( L ) an agency caseworker or other representative of a State or local child welfare agency, or tribal organization ( as defined in section 5304 of title 25 ), who has the right to access a students case plan, as defined and determined by the State or tribal organization, when such agency or organization is legally responsible, in accordance with State or tribal law, for the care and protection of the student, provided that the education records, or the personally identifiable information contained in such records, of the student will not be disclosed by such agency or organization, except to an individual or entity engaged in addressing the students education needs and authorized by such agency or organization to receive such disclosure and such disclosure is consistent with the State or tribal laws applicable to protecting the confidentiality of a students education records.\n\nNothing in subparagraph ( E ) of this paragraph shall prevent a State from further limiting the number or type of State or local officials who will continue to have access thereunder.\n\n( 2 ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of releasing, or providing access to, any personally identifiable information in education records other than directory information, or as is permitted under paragraph ( 1 ) of this subsection, unless ( A ) there is written consent from the students parents specifying records to be released, the reasons for such release, and to whom, and with a copy of the records to be released to the students parents and the student if desired by the parents, or ( B ) except as provided in paragraph ( 1 ) ( J ), such information is furnished in compliance with judicial order, or pursuant to any lawfully issued subpoena, upon condition that parents and the students are notified of all such orders or subpoenas in advance of the compliance therewith by the educational institution or agency, except when a parent is a party to a court proceeding involving child abuse and neglect ( as defined in section 3 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 note ) ) or dependency matters, and the order is issued in the context of that proceeding, additional notice to the parent by the educational agency or institution is not required.\n\n( 3 ) Nothing contained in this section shall preclude authorized representatives of ( A ) the Comptroller General of the United States, ( B ) the Secretary, or ( C ) State educational authorities from having access to student or other records which may be necessary in connection with the audit and evaluation of Federally-supported education programs, or in connection with the enforcement of the Federal legal requirements which relate to such programs : Provided, That except when collection of personally identifiable information is specifically authorized by Federal law, any data collected by such officials shall be protected in a manner which will not permit the personal identification of students and their parents by other than those officials, and such personally identifiable data shall be destroyed when no longer needed for such audit, evaluation, and enforcement of Federal legal requirements.\n\n( 4 ) ( A ) Each educational agency or institution shall maintain a record, kept with the education records of each student, which will indicate all individuals ( other than those specified in paragraph ( 1 ) ( A ) of this subsection ), agencies, or organizations which have requested or obtained access to a students education records maintained by such educational agency or institution, and which will indicate specifically the legitimate interest that each such person, agency, or organization has in obtaining this information. Such record of access shall be available only to parents, to the school official and his assistants who are responsible for the custody of such records, and to persons or organizations authorized in, and under the conditions of, clauses ( A ) and ( C ) of paragraph ( 1 ) as a means of auditing the operation of the system. \n( B ) With respect to this subsection, personal information shall only be transferred to a third party on the condition that such party will not permit any other party to have access to such information without the written consent of the parents of the student. If a third party outside the educational agency or institution permits access to information in violation of paragraph ( 2 ) ( A ), or fails to destroy information in violation of paragraph ( 1 ) ( F ), the educational agency or institution shall be prohibited from permitting access to information from education records to that third party for a period of not less than five years.\n\n( 5 ) Nothing in this section shall be construed to prohibit State and local educational officials from having access to student or other records which may be necessary in connection with the audit and evaluation of any federally or State supported education program or in connection with the enforcement of the Federal legal requirements which relate to any such program, subject to the conditions specified in the proviso in paragraph ( 3 ).\n\n( 6 ) ( A ) Nothing in this section shall be construed to prohibit an institution of postsecondary education from disclosing, to an alleged victim of any crime of violence ( as that term is defined in section 16 of title 18 ), or a nonforcible XXXX offense, the final results of any disciplinary proceeding conducted by such institution against the alleged perpetrator of such crime or offense with respect to such crime or offense. \n( B ) Nothing in this section shall be construed to prohibit an institution of postsecondary education from disclosing the final results of any disciplinary proceeding conducted by such institution against a student who is an alleged perpetrator of any crime of XXXX ( as that term is defined in section 16 of title 18 ), or a nonforcible XXXX offense, if the institution determines as a result of that disciplinary proceeding that the student committed a violation of the institutions rules or policies with respect to such crime or offense. \n( C ) For the purpose of this paragraph, the final results of any disciplinary proceeding ( i ) shall include only the name of the student, the violation committed, and any sanction imposed by the institution on that student; and ( ii ) may include the name of any other student, such as a victim or witness, only with the written consent of that other student.\n\n( 7 ) ( A ) Nothing in this section may be construed to prohibit an educational institution from disclosing information provided to the institution under section 14071 [ 2 ] of title 42 concerning registered XXXX XXXX who are required to register under such section.\n\n( B ) The Secretary shall take appropriate steps to notify educational institutions that disclosure of information described in subparagraph ( A ) is permitted.\n\n( c ) Surveys or data-gathering activities ; regulations Not later than 240 days after XX/XX/XXXX, the Secretary shall adopt appropriate regulations or procedures, or identify existing regulations or procedures, which protect the rights of privacy of students and their families in connection with any surveys or data-gathering activities conducted, assisted, or authorized by the Secretary or an administrative head of an education agency. Regulations established under this subsection shall include provisions controlling the use, dissemination, and protection of such data. No survey or data-gathering activities shall be conducted by the Secretary, or an administrative head of an education agency under an applicable program, unless such activities are authorized by law. \n\n( d ) Students rather than parents permission or consent For the purposes of this section, whenever a student has attained eighteen years of age, or is attending an institution of postsecondary education, the permission or consent required of and the rights accorded to the parents of the student shall thereafter only be required of and accorded to the student.\n\n( e ) Informing parents or students of rights under this section No funds shall be made available under any applicable program to any educational agency or institution unless such agency or institution effectively informs the parents of students, or the students, if they are eighteen years of age or older, or are attending an institution of postsecondary education, of the rights accorded them by this section.\n\n( f ) Enforcement ; termination of assistance The Secretary shall take appropriate actions to enforce this section and to deal with violations of this section, in accordance with this chapter, except that action to terminate assistance may be taken only if the Secretary finds there has been a failure to comply with this section, and he has determined that compliance can not be secured by voluntary means.\n\n( g ) Office and review board ; creation ; functions The Secretary shall establish or designate an office and review board within the Department for the purpose of investigating, processing, reviewing, and adjudicating violations of this section and complaints which may be filed concerning alleged violations of this section. Except for the conduct of hearings, none of the functions of the Secretary under this section shall be carried out in any of the regional offices of such Department.\n\n( h ) Disciplinary records ; disclosure Nothing in this section shall prohibit an educational agency or institution from ( 1 ) including appropriate information in the education record of any student concerning disciplinary action taken against such student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community ; or ( 2 ) disclosing such information to teachers and school officials, including teachers and school officials in other schools, who have legitimate educational interests in the behavior of the student.\n\n( i ) Drug and alcohol violation disclosures ( 1 ) In general Nothing in this Act or the Higher Education Act of 1965 [ 20 U.S.C. 1001 et seq. ] shall be construed to prohibit an institution of higher education from disclosing, to a parent or legal guardian of a student, information regarding any violation of any Federal, State, or local law, or of any rule or policy of the institution, governing the use or possession of alcohol or a controlled substance, regardless of whether that information is contained in the students education records, if ( A ) the student is under the age of 21 ; and ( B ) the institution determines that the student has committed a disciplinary violation with respect to such use or possession.\n\n( 2 ) State law regarding disclosure Nothing in paragraph ( 1 ) shall be construed to supersede any provision of State law that prohibits an institution of higher education from making the disclosure described in subsection ( a ).\n\n( j ) Investigation and prosecution of terrorism ( 1 ) In general Notwithstanding subsections ( a ) through ( i ) or any provision of State law, the Attorney General ( or any Federal officer or employee, in a position not lower than an Assistant Attorney General, designated by the Attorney General ) may submit a written application to a court of competent jurisdiction for an ex parte order requiring an educational agency or institution to permit the Attorney General ( or his designee ) to ( A ) collect education records in the possession of the educational agency or institution that are relevant to an authorized investigation or prosecution of an offense listed in section 2332b ( g ) ( 5 ) ( B ) of title 18, or an act of domestic or international terrorism as defined in section 2331 of that title ; and ( B ) for official purposes related to the investigation or prosecution of an offense described in paragraph ( 1 ) ( A ), retain, disseminate, and use ( including as evidence at trial or in other administrative or judicial proceedings ) such records, consistent with such guidelines as the Attorney General, after consultation with the Secretary, shall issue to protect confidentiality.\n\n( 2 ) Application and approval ( A ) In general.\n\nAn application under paragraph ( 1 ) shall certify that there are specific and articulable facts giving reason to believe that the education records are likely to contain information described in paragraph ( 1 ) ( A ).\n\n( B ) The court shall issue an order described in paragraph ( 1 ) if the court finds that the application for the order includes the certification described in subparagraph ( A ). \n( XXXX ) Protection of educational agency or institution An educational agency or institution that, in good faith, produces education records in accordance with an order issued under this subsection shall not be liable to any person for that production.\n\n( 4 ) Record-keeping Subsection ( b ) ( 4 ) does not apply to education records subject to a court order under this subsection.","date_sent_to_company":"2023-08-08T02:24:03.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"600XX","tags":null,"has_narrative":true,"complaint_id":"7361709","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2023-08-08T02:23:54.000Z","state":"IL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["<em>personally</em> identifiable information is specifically authorized by Federal law, any data collected by such officials shall be protected in a manner which will not permit the personal identification of students and their parents by other than those officials, and such <em>personally</em> identifiable data shall be destroyed when no longer needed for such <em>audit</em>, evaluation, and enforcement of Federal legal requirements"],"issue":["Problem with a credit reporting company's <em>investigation</em> <em>into</em> an existing problem"],"sub_issue":["Their <em>investigation</em> did not fix an error on your report"]},"sort":[8.410486,"7361709"]},{"_index":"complaint-public-v1","_id":"21426073","_score":8.32841,"_source":{"product":"Mortgage","complaint_what_happened":"XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXXXXXX Date : XX/XX/2026 Office of the Comptroller of the Currency XXXX Assistance XXXX XXXX. XXXX XXXXXXXX XXXX XXXX XXXXXXXX Re : Formal Complaint Against XXXX XXXX XXXX XXXX, XXXX. ( WSFS ) Subject : Unsafe and Unsound Practices, Accounting Irregularities, and Servicing Misconduct To the XXXX XXXX Assistance XXXX : I am filing a formal complaint against XXXX XXXX XXXX XXXX, XXXX. ( WSFS ), a federally chartered savings bank, regarding serious deficiencies in its loan servicing, accounting practices, and internal controls in connection with a line of credit that was transferred to me personally and ultimately foreclosed upon ( XXXX XXXX XXXX XXXX XXXX XXXX XXXX ). \nWhile the state court proceedings addressed the procedural mechanics of foreclosure, this complaint focuses on the underlying conduct of WSFS, which raises significant concerns regarding unsafe and unsound banking practices and potential violations of federal consumer protection standards. \nXXXX. Severe Accounting Discrepancies and Lack of Transparency The original principal balance of the loanoriginating as a commercial line of credit tied to XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX approximately {$310000.00}. WSFS subsequently asserted and/or collected amounts exceeding {$800000.00}, including demands of approximately {$470000.00} and {$330000.00}. \nWSFS has failed to provide a clear, transaction-level accounting explaining this escalation. The magnitude of the increase suggests potential : Misapplication of interest Improper or duplicative corporate advances Unsubstantiated fees and default charges This lack of transparency raises serious concerns about the integrity of WSFSs internal accounting systems and compliance with prudent banking standards. \nXXXX. Deceptive Servicing and Failure to Honor Payoff Statements In an effort to resolve the loan, I obtained a written payoff statement from WSFS and relied on that figure in good faith to cure the default. When I attempted to tender payment in accordance with that quote, WSFS refused to honor it and instead increased the demanded amount. \nThis conduct constitutes a classic bait-and-switch servicing practice, preventing resolution of the loan and effectively forcing default. The failure to provide and honor accurate payoff statements is a serious servicing breakdown and may constitute an Unfair, Deceptive, or XXXX XXXX or XXXX ( XXXX ). \nXXXX. Due Process Failures and Improper Extinguishment of Property Interests WSFS proceeded with foreclosure in a manner that failed to properly serve or account for necessary and interested parties. Specifically, my brother and fatherboth holders of recorded mortgage interestswere not properly served prior to foreclosure, and my mothers interest in the property was likewise extinguished. \nAs a result, WSFS effectively stripped multiple family members of their secured property interests without due process, eliminated substantial accumulated equity, and left our familyincluding an elderly and vulnerable occupanthomeless without compensation. \nXXXX. Misrepresentations Regarding Bankruptcy Protections During related bankruptcy proceedings, WSFS and its representatives made representations concerning the status and applicability of the automatic stay that I believe were materially inaccurate. These representations were used to justify continued foreclosure activity and accelerate liquidation of the property. \nIf substantiated, such conduct raises serious compliance concerns under federal bankruptcy law and banking regulations. \nXXXX. Resulting XXXX and XXXX XXXX At the time of foreclosure, the property was subject to a pending purchase contract of approximately {$2.00} XXXX. Despite this, WSFS proceeded with a Sheriffs Sale in which the property sold for approximately XXXX XXXXXXXX than half of the contract value. \nThis resulted in the destruction of substantial equitypotentially exceeding {$1.00} millionthat would otherwise have been preserved through proper servicing, payoff, or commercially reasonable disposition. \nRequested XXXX I respectfully request that the XXXX : XXXX. Initiate a formal investigation into WSFSs servicing and accounting practices XXXX. Require production of a complete, audited, transaction-level loan history, including : o All fees, charges, and corporate advances o XXXX calculations and methodologies o All payoff statements issued o Internal servicing notes and communications XXXX. Evaluate whether WSFS engaged in unsafe or unsound banking practices XXXX. Determine whether WSFSs conduct constitutes XXXX violations XXXX. Take appropriate supervisory or enforcement action Respectfully submitted, XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX Date : XX/XX/2026 Consumer Financial Protection Bureau XXXX. XXXXXXXX XXXX XXXX XXXX XXXXXXXX Re : Complaint Against WSFS Bank XXXX XXXX XXXX Servicing, XXXX Violations, and Predatory Equity Stripping To the Consumer Financial Protection Bureau XXXX I am submitting this complaint against WSFS Bank for deceptive servicing practices, unfair conduct, and actions that resulted in the loss of my XXXX home and substantial equity. \nXXXX. XXXX XXXX of XXXX XXXX into XXXX XXXX WSFS originated a commercial line of credit of approximately {$310000.00} to a business entity. Under questionable circumstances, WSFS shifted this liability onto me personally and then subjected it to aggressive consumer collection and foreclosure practices, directly impacting me and my family, including my XXXX XXXX. \nXXXX. Refusal to Honor Payoff Statements ( XXXX Violation ) In an effort to resolve the debt and prevent foreclosure, I obtained a written payoff quote from WSFS and relied on it in good faith. When I attempted to complete the payoff, WSFS refused to honor its own quoted amount and increased the demand. \nThis conduct prevented me from curing the default and directly caused the loss of the property. Such bait-and-switch payoff behavior is a hallmark of unfair and deceptive servicing practices. \nXXXX. Unsubstantiated Fee Inflation WSFS transformed a {$310000.00} obligation into demands exceeding {$800000.00}. The bank has refused to provide a clear explanation or accounting supporting these charges, raising serious concerns about predatory fee practices and lack of transparency. \nXXXX. Foreclosure XXXX Resulting in XXXX XXXX At the time of foreclosure, the property was under a pending purchase contract for approximately {$2.00} XXXX. WSFS nonetheless accelerated foreclosure and conducted a Sheriffs Sale at approximately {$970000.00}. \nThis resulted in the destruction of substantial equitypotentially over {$1.00} millionthat should have been preserved or returned to the family. \nXXXX. Failure to Serve Necessary Parties and Loss of Property Rights WSFS failed to properly serve my brother and father, both of whom held recorded mortgage interests, and extinguished those interests along with my mothers during foreclosure. \nAs a result, multiple family members were deprived of their secured property rights without due process, and our family was left homeless without compensation. \nXXXX. XXXX XXXX Regarding Bankruptcy Protections WSFS made representations regarding the status of bankruptcy protections that I believe were inaccurate and used those assertions to justify continuing foreclosure actions. \nRequested Action I respectfully request that the CFPB : Investigate WSFS for Unfair, Deceptive, or Abusive Acts or Practices ( XXXX  ) Require full transparency and accounting of all charges and fees Evaluate WSFSs servicing practices for systemic violations Take enforcement action to prevent similar harm to other consumers Impact As a direct result of WSFSs conduct, my family lost our home, all associated equity, and multiple secured property interests. This resulted in financial devastation, displacement of an elderly occupant, and the loss of hundreds of thousandsif not over a milliondollars in equity. \nRespectfully submitted, XXXX XXXX XXXX","date_sent_to_company":"2026-04-21T03:28:51.000Z","issue":"Closing on a mortgage","sub_product":"Home equity loan or line of credit (HELOC)","zip_code":"197XX","tags":null,"has_narrative":true,"complaint_id":"21426073","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"WSFS FINANCIAL CORPORATION","date_received":"2026-04-21T03:19:41.000Z","state":"DE","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Closing disclosure or other related disclosures"},"highlight":{"complaint_what_happened":["Initiate a formal <em>investigation</em> into WSFSs servicing and accounting practices XXXX. Require production of a complete, <em>audited</em>, transaction-level loan history, including : o All fees, charges, and corporate advances o XXXX calculations and methodologies o All payoff statements issued o Internal servicing notes and communications XXXX. Evaluate <em>whether</em> WSFS engaged in unsafe or unsound banking practices XXXX. Determine <em>whether</em> WSFSs conduct constitutes XXXX violations XXXX."]},"sort":[8.32841,"21426073"]},{"_index":"complaint-public-v1","_id":"18087994","_score":8.249976,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Experian XXXX. XXXX XXXX XXXX, TX XXXX XXXX XXXX XXXX XXXX XXXX. XXXX XXXX XXXX, GA XXXX TransUnion XXXX XXXX XXXX XXXX XXXX XXXX, PA XXXX RE : Formal Dispute of All Adverse Items Appearing on XX/XX/XXXX To the Compliance & Dispute Departments : XXXX. INTRODUCTION I am exercising my statutory right under the Fair Credit Reporting Act ( FCRA ), XXXX XXXX. XXXX et seq., to dispute every derogatory tradeline, collection, past-due indicator, charge-off, late-payment notation, and public-record field appearing on the above-referenced consumer report. I have reason to believe that none of these items meets the FCRAs heightened accuracy standard because they were created, furnished, or refreshed with data that was compromised in the XXXX XXXX Leak ( also referenced in the press as the XXXX XXXX XXXX breach of XXXX ). The breach exposed sensitive personally identifiable information ( PII ) on hundreds of millions of consumers, including my full name, address history, XXXX, and XXXX, thereby facilitating synthetic-identity fraud, account-manipulation, and data-pollution that now infects the consumer-reporting ecosystem. \nXXXX. BASIS FOR DISPUTE XXXX XXXX. XXXX & XXXX a. Section XXXX requires that a person who procures or causes to be procured a consumer report containing adverse information about a consumer must notify the consumer that adverse information is being or has been furnished. None of the furnishers identified in the attached report gave me contemporaneous notice that they were placing or continuing to report adverse data after the XXXX XXXX XXXX became public ( XX/XX/XXXX ). \nb. Section XXXX obliges you to conduct a reasonable investigation to determine whether the disputed information is inaccurate, and to delete the information or modify it, as applicable, within 30 days if it can not be verified as accurate and complete. \nXXXX XXXX XXXX XXXX XXXX reminds furnishers and CRAs that the existence of a known data breach that compromises the integrity of underlying records is a legitimate basis for a consumer to question accuracy and for the CRA to conduct XXXX enhanced reinvestigation. \nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) and the Second Circuit ( XXXX XXXX XXXX XXXX XXXX ) confirm that when a CRA XXXX to report information after receiving notice that the datas integrity is compromised, it XXXX willfully or negligently violate the FCRA XXXX \nXXXX. SPECIFIC ITEMS DISPUTED Without conceding legitimacy, I list the adverse items exactly as reported so that you XXXX readily locate them. EACH of these is disputed in its entirety : XXXX Acct XXXX Charged-off {$3800.00} 37 months negative XXXXXXXX XXXX XXXX Acct XXXX Charged-off {$2200.00} 34 months negative XXXX XXXX XXXX  Acct XXXX XXXX {$55.00} 6 months negative XXXX XXXX XXXX Acct XXXX Charged-off {$170.00} 8 months negative XXXX XXXX XXXXXXXX XXXX Acct XXXX Repossession flag XXXX XXXX XXXX XXXX # XXXX Balance {$2100.00} ( XXXX XXXX ) All XXXX, XXXX, XXXX, XXXX late indicators and past due amounts listed under each tradeline. \nAny consumer statement that I did not personally submit. \nXXXX. GROUNDS FOR DELETION / SUPPRESSION a. No furnisher has certified that the data were NOT polluted by the XXXX XXXX XXXX. \nb. At least XXXX furnisher ( XXXX XXXX Associates ) is a debt-buyer whose account-level documentation notoriously relies on the very data fields ( name, address, SSN ) exposed in the breach. \nXXXX XXXX XXXX XXXX XXXX XXXX both XXXX ( XXXX XXXX and Experian ( XXXX ) require enhanced verification when a consumer alleges breach-related identity confusion. \nd. The burden is on you and the furnishers to prove the continued accuracy of every data field ( balance, date-opened, payment history, ownership, etc. ) after a breach that facilitated synthetic identities. Absent such proof, continued reporting is inherently inaccurate and incomplete under XXXX XXXX. XXXX ( a ) ( XXXX ) ( A ) & ( a ) ( XXXX ). \nXXXX. REQUESTED RELIEF Delete or suppress every tradeline, collection, and derogatory indicator listed above. Provide me written confirmation within XXXX ( XXXX ) business days of completion. If you verify any item, furnish me : ( i ) the name, address, and telephone number of each person who verified the information ; ( ii ) the complete business records, including digital audit trails, showing the chain of title and the controls used to ensure the data were not corrupted by the XXXX XXXX XXXX; and ( iii ) a copy of the written certification required by XXXX XXXX. XXXX ( a ) ( XXXX ) ( C ). \nXXXX. NOTICE OF PRIVATE RIGHT OF ACTION Failure to comply within XXXX ( XXXX ) days will force me to pursue all remedies available under XXXX U.S.C. XXXX ( willful non-compliance ) and XXXX ( negligent non-compliance ), including statutory damages ( {$1000.00} per violation ), actual damages, punitive damages, costs and attorneys fees. \nXXXX. AUTHORIZATION This letter constitutes my signed authorization for you to contact the furnishers and to disclose to me all non-public information necessary to resolve this dispute. \nSincerely,","date_sent_to_company":"2025-12-16T21:11:01.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"30045","tags":null,"has_narrative":true,"complaint_id":"18087994","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2025-12-16T21:10:37.000Z","state":"GA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Account status incorrect"},"highlight":{"complaint_what_happened":["Section XXXX obliges you to conduct a reasonable <em>investigation</em> to determine <em>whether</em> the disputed information is inaccurate, and to delete the information or modify it, as 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