{"took":152,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":11,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"3712446","_score":16.785885,"_source":{"product":"Money transfer, virtual currency, or money service","complaint_what_happened":"TransferWise is an international money transfer company based in XXXX XXXX that offers digital customer accounts in various currencies ( USD, EUR etc. ) through regional offices ( New York, XXXX etc. ). I am personally impacted by the following, but have also studied many reviews ( XXXX reviews etc. ) and TransferWise has systemic problems with ( 1 ) improperly closing customer accounts, ( 2 ) improperly withholding and not returning customer funds, ( 3 ) not allowing for appropriate or well considered redress by their customers, ( 4 ) not providing the consumer details of his or her account or transfer information at account closure, thus making it difficult to research or to make a complaint using their own historical info, ( 5 ) using \" risk appetite '' and financial regulatory compliance as a ruse to hide their improper mis-dealings and that they are simply ineffective, inefficient, and negligent with properly handling and processing customer appeals and the related compliance requirements. ( 6 ) I suspect TransferWise might also be doing some form of \" redlining '' ( above and beyond actual monitoring for suspicious financial activities ) in deciding which accounts to selectively close and withhold funds.\n\nMy situation - Recently started relationship with TransferWise. On or about XX/XX/2020, sent three money transfer transactions ACH funded directly from my personal US non-TransferWise bank account. Also, because it seemed convenient, opened a EUR and USD accounts with TransferWise and funded those accounts. TransferWise closed system access and accounts on XX/XX/2020 without warning and gave no details. I appealed decision on XX/XX/2020 and TransferWise requested ID and I provided passport. TransferWise said they would review and get back to me. On XX/XX/2020, a TransferWise email advised \" We need some more information from you to reopen your account '' and provided a link. Following the link led to a page, without TransferWise requesting more information, that simply stated \" After reviewing your case again, weve decided to keep your account closed. Re-onboarding you is out of our risk appetite. '' My issue is that on one money transfer transaction, I am unable to provide the details of the payment to beneficiary as I do not have access due to the closed system access and accounts. Plus, TransferWise owes me USDXXXX which is combined amount in a USD and EUR account opened with them ; they did not address the return of these funds in their last communication. And I was not given a fair opportunity to understand their concern or to even appeal. Plus, TransferWise, from a risk standpoint never provided any information or expectations on my usage of their service from a risk standpoint ( transfer limits etc. ). In TransferWise 's final exchange, they never requested any appeal information contrary to their email ; it was as if they already made up their mind without actually attempting to research the situation. Whatever concerns TransferWise has about me or my transactions they are without merit. The myriad of negative online consumer reviews of TransferWise corroborates my situation.","date_sent_to_company":"2020-06-23T20:53:55.000Z","issue":"Managing, opening, or closing your mobile wallet account","sub_product":"Mobile or digital wallet","zip_code":"XXXXX","tags":"Servicemember","has_narrative":true,"complaint_id":"3712446","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"TransferWise Ltd","date_received":"2020-06-23T19:18:21.000Z","state":null,"company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["TransferWise is an international money transfer company based in XXXX XXXX that offers digital customer accounts in various currencies ( USD, EUR etc. ) <em>through</em> <em>regional</em> offices ( New York, XXXX etc. )."]},"sort":[16.785885,"3712446"]},{"_index":"complaint-public-v1","_id":"4390007","_score":10.014909,"_source":{"product":"Money transfer, virtual currency, or money service","complaint_what_happened":"PNC Bank failed to Exercise Due Diligence to protect elderly customers such as myself who are the prime targets of scammers from using their favorite weapon of the international money transfer to steal our money. \nXXXX PNC XXXX - XXXX, XXXX and XXXX - mistakenly approved a scam, and sent my money to XXXX. \n\nMy Complaint presents the Narrative, followed by Questions. \n\nThe Narrative I am a XXXX minister who serves the XXXX and their families as a hospice chaplain. \nGod reveals grace in this work, and sometimes I am blessed to see it. \n\nThe PNC Bank seems to have bought into and abetted a scam which took all my money. \n\nThe Police Report begins : For 55 years in ministry, I have served the poor, and for the last ten served the XXXX. \nI was ordained with the charge that the way to XXXX is down. I always lived within my means, and was content. \nTwo months ago I had assets of {$24000.00} in checking and {$5000.00} in my tithing account, with no debt or savings or investments. \nNow, I have {$240.00} in checking and {$550.00} tithing, with debts of {$29000.00}. \nMy identity had been stolen and used in two large drug deals in Texas. This fact was developed into a scam by five different criminals who called me impersonating law enforcement officers from different national and local law enforcement bodies. \n\nThe crooks applied with great intensity XXXX unfamiliar emotions : fear and greed. Fear threatened prison : an arrest warrant has already been issued against you for the drug sales, but its enforcement is being held back by your case officer. Greed promised fortune : compensation in proportion to the size of the drug sales ; a U.S. Treasury check for {>= $1,000,000}. \n\nA Controller, impersonating a case officer with the U.S, Customs and Border Patrol, directed my every move. He sent me first to the XXXX bank where I had my checking account to apply for an international money transfer. The Local Manager there explained the duty of Due Diligence. Scammers take the elderly as their prime targets, and use international money transfers as their favorite weapon. Unless I could prove a real emergency, he had to say No. The Conrtroller directed me to withdraw my money and look for an easier bank.\n\nThe Controller then sent me to a XXXX XXXX bank. The Local Manager there repeated his duty about prime target, favorite weapon and Due Diligence to say No. He added two core questions : Do you have their home address? \nHave you met them in person? \nA scammer would risk being caught by answering either. A No answer to the two core questions guaranteed it was a scam, and he would have to say No. He added that they blocked love scams as well as money scams.\n\nThe Controller then sent me to a PNC Bank, where I deposited my money.\n\n1. PNC Bank, apparently buying into the scam, immediately assigned a High Net Worth Advisor to help me with the expected {$9.00} million dollar deposit. XXXX XXXX XXXX can be reached at XXXX. Perhaps the large deposit made them overeager and careless.\n\n2. PNC Bank barely went through the motions of Due Diligence. at the Local, Regional and National levels. \nI went into the XXXX XXXX office of PNC, and told my phony story about investing in palliative care in XXXX. \nThe Local Manager, a young woman, responded to my relating personally by talking about herself as she typed the form. I dont recall her even reading questions from the application form. She responded from happy emotion. She failed even to state the duty of Due Diligence : to protect elderly customers who are prime targets from international money transfers which are the favorite weapon, or warn me that she would have to say No unless I could prove an emergency. She did not ask any questions to challenge my story.\n\nThe Regional Manager, an older woman who happened to be in that branch that day, emerged from her neighboring office where she appeared to have heard the initial proposal. She seemed to join in the pleasant emotion. She also failed to state the purpose of Due Diligence, requiring me to prove an emergency. She even mentioned - but did not ask - one of the core questio\nns, stating that if you do not know their home address that proves its a scam.\n\nThe National Manager, a wary but tired-sounding man with whom I spoke by phone, asked several exploratory questions and did ask one of the core questions : Have you met in person? I answered honestly - No.\n\nHe appeared not to take my No seriously. He did not ask the other core question : Do you know their home address? He rambled through a few odd questions, then said Yes to the scam.\n\n3. All three PNC Managers failed to challenge my story. None asked if I had a business plan, or even knew whether this venture had been tried before.\n\n4. All three PNC Managers failed to state their duty of Due Diligence : to protect el\nderly customers like me who are prime targets, from international money transfers which are favorite weapons, because Due Diligence required them to say No unless I proved an emergency.\n\n5. All three PNC Managers failed to use the core questions that surely expose a scam. 6. All three PNC Managers failed to do the math that exposes a scam. A venture investment would take only a small portion of the elderly persons funds. A scam would take a large portion. This transfer took 88 % of all my funds. Red Flag! Scam!\n7. All three PNC Managers failed to see the danger and mistakenly said Yes to the scam. \n\nPNC Bank sent all my money to XXXX. Then they closed my account to cover up their mistakes. \n\nI am pleading with PNC to own responsibility for their mistakes and restore my funds. \n\nPNC Bank will probably continue their cover up unless held accountable in the court of public opinion or by regulatory agencies. \n\n\nThe Questions The Consumer Financial Protection Bureau XXXX \" CFPB '' XXXX issued best practices to prevent elder financial abuse. \nDevelop, implement and maintain internal protocols and procedures for protecting elder account holders. These measures should include Training and Reporting.\n\nBanks should train employees regularly and frequently. Training programs should include, at a minimum : ( a ) adoption of a comprehensive and multifaceted definition of elder financial exploitation ; ( b ) categorical descriptions of indicators of potential elder financial exploitation ( e.g., transaction patterns, behavioral changes, theft and coercion scenarios, etc. ) ; and ( c ) preventative measures and clearly defined action steps for internal responses, hierarchical reporting, law enforcement reporting, and the filing of detailed Suspicious Activity Reports. Report all cases of suspected exploitation. Mandatory and voluntary reporting of elder abuse are governed by state laws. ( boldface added ) Questions concerning PNC Banks policy.\n\nQuestion # 1 Definition 1A What is PNC Banks comprehensive and multifaceted definition of elder financial exploitation?\n\n1B In what documents is it found?\n\n1C How is it used to train Managers to exercise Due Diligence?\n\nQuestion # 2 Indicators 2A List specifically all the indicators you train your managers to look for in exercising their required Due Diligence to protect elderly customers from scams.\n\n2B Do you require your managers during Due Diligence to ask the two core questions, which scammers can not answer without getting caught : First, Have you met them in person? \nSecond, Do you know their home address?\n\nIf not, why not?\n\n2C How do you monitor their performance to ensure they are asking the core questions?\n\nQuestion # 3 Preventative measures and action steps 3A. Describe in detail what preventative measures you use to avoid failing Due Diligence?\n\n3B. Quote from your policies what specific action steps you take to avoid failing Due Diligence? \n\nQuestion # 4. In the case of Rev. XXXX - which went beyond Suspicious Activity to Proven Fraud - provide copies of all Reports made by PNC Bank XXXX. internally, XXXX to law enforcement, and XXXX to all relevant regulatory state agencies. \n\nQuestions concerning PNC Banks performance. \nFailure to exercise XXXX XXXX occurs when Managers approve scams that exploit elderly customers. \n\nQuestion # 5 Concerning the three managers who failed to exercise Due Diligence 5A. Did the Local Manager who failed Rev, XXXX ask the two core questions?\n\n5B. Did the Regional Manager who failed Rev. XXXX ask the XXXX core questions? \nXXXX. Did the National XXXX who failed Rev, XXXX ask the two core questions?\n\nQuestion # 6 Concerning PNC Banks corrections Provide copies of all internal communications to those three Managers showing PNC Banks effort to correct their perform\nance.\n\nQuestion # 7 Concerning acceptable failure rates During the past year among PNC Banks Managers in XXXX County 7A. How many times did Managers fail to exercise Due Diligence by saying Yes to scams. ( This includes scams that were eventually blocked : for example, if the Local and Regional Managers said Yes but the National Manager said No, that counts as two failures. ) 7B. How many scams involving International Money Transfers actually went through due to the failure of all three Managers? \nXXXX. How many victimized elderly customers a year does PNC Bank consider acceptable? \nXXXX. What has PNC Bank done to compensate elderly victims victimized when PNC Banks failures in Due Diligence cost them dearly - perhaps even their life savings?\n\nQuestion 8 Concerning PNC Banks compliance with the standards of the American Bankers Association.\n\n8A. Provide copies of all Due Diligence Reports filed with the ABA in the past year related to your duty of Due Diligence in protecting elderly customers from scams using i\nnternational wire transfers, or sudden purchase of gift cards.\n\n8B. Did PNC Bank offer Rev. XXXX a Second Set of Eyes as recommended? \n\nThe XXXX XXXX XXXX sets standards for Due Diligence. \nThe XXXX XXXX XXXX also offers XXXX Due Diligence Reports and Information Sheets ( Available to Bankers ) https : XXXX XXXX XXXX XXXX XXXX XXXX XXXX set of eyes protects elderly customers from scams. \n\nThe Foundations XXXX XXXX XXXX XXXX noted XXXX XXXX and other seniors 65 and above account for XXXX percent of all deposits. Larger financial institutions, like XXXX  XXXX XXXX and XXXX XXXX ask customers for a trusted contact in large to give seniors a second set of eyes to protect them from fraud. https : XXXX? XXXX","date_sent_to_company":"2021-05-19T20:17:04.000Z","issue":"Fraud or scam","sub_product":"International money transfer","zip_code":"175XX","tags":"Older American","has_narrative":true,"complaint_id":"4390007","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"PNC Bank N.A.","date_received":"2021-05-19T18:48:04.000Z","state":"PA","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["PNC Bank barely went <em>through</em> the motions of Due Diligence. at the Local, <em>Regional</em> and National levels. \nI went into the XXXX XXXX office of PNC, and told my phony story about investing in palliative care in XXXX. \nThe Local Manager, a young woman, responded to my relating personally by talking about herself as she typed the form. I dont recall her even reading questions from the application form. She responded from happy emotion."]},"sort":[10.014909,"4390007"]},{"_index":"complaint-public-v1","_id":"7361710","_score":4.5103407,"_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":["Except for the conduct of hearings, none of the functions of the Secretary under this section shall be carried out in any of the <em>regional</em> offices of such Department."]},"sort":[4.5103407,"7361710"]},{"_index":"complaint-public-v1","_id":"9697784","_score":4.500784,"_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":["Except for the conduct of hearings, none of the functions of the Secretary under this section shall be carried out in any of the <em>regional</em> offices of such Department."]},"sort":[4.500784,"9697784"]},{"_index":"complaint-public-v1","_id":"7361728","_score":4.500784,"_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":["Except for the conduct of hearings, none of the functions of the Secretary under this section shall be carried out in any of the <em>regional</em> offices of such Department."]},"sort":[4.500784,"7361728"]},{"_index":"complaint-public-v1","_id":"7361709","_score":4.500784,"_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":["Except for the conduct of hearings, none of the functions of the Secretary under this section shall be carried out in any of the <em>regional</em> offices of such Department."]},"sort":[4.500784,"7361709"]},{"_index":"complaint-public-v1","_id":"7361604","_score":4.482688,"_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":["Except for the conduct of hearings, none of the functions of the Secretary under this section shall be carried out in any of the <em>regional</em> offices of such Department."]},"sort":[4.482688,"7361604"]},{"_index":"complaint-public-v1","_id":"7358136","_score":4.431258,"_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":["Except for the conduct of hearings, none of the functions of the Secretary under this section shall be carried out in any of the <em>regional</em> offices of such Department."]},"sort":[4.431258,"7358136"]},{"_index":"complaint-public-v1","_id":"7358107","_score":4.421635,"_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":["Except for the conduct of hearings, none of the functions of the Secretary under this section shall be carried out in any of the <em>regional</em> offices of such Department."]},"sort":[4.421635,"7358107"]},{"_index":"complaint-public-v1","_id":"7358106","_score":4.404778,"_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":["Except for the conduct of hearings, none of the functions of the Secretary under this section shall be carried out in any of the <em>regional</em> offices of such Department."]},"sort":[4.404778,"7358106"]},{"_index":"complaint-public-v1","_id":"7412382","_score":3.0793898,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"1232g TITLE 20EDUCATION Page 828 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.\n\nIf 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 January 1, 1975, 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.\n\nSuch 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 Page 829 TITLE 20EDUCATION 1232g 1 So in original. The period probably should be a semicolon.\n\nrecords 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 this section ) 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.\n\n1 ( 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 ; and ( K ) the Secretary of Agriculture, or authorized representative from the Food and Nutrition Service or contractors acting on behalf of 1232g TITLE 20EDUCATION Page 830 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.\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.\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.\n\nSuch 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 Page 831 TITLE 20EDUCATION 1232g 2 See References in Text note below.\n\nfrom 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 October 20, 1994, 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., 42 U.S.C. 2751 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 ) of this section.\n\n( j ) Investigation and prosecution of terrorism ( 1 ) In general Notwithstanding subsections ( a ) through ( i ) of this section 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.An application under paragraph ( 1 ) shall certify that there are specific 1232g TITLE 20EDUCATION Page 832 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 ) of this section does not apply to education records subject to a court order under this subsection.\n\n( Pub. L. 90247, title IV, 444, formerly 438, as added Pub. L. 93380, title V, 513 ( a ), Aug. 21, 1974, 88 Stat. 571 ; amended Pub. L. 93568, 2 ( a ), Dec. 31, 1974, 88 Stat. 1858 ; Pub. L. 9646, 4 ( c ), Aug. 6, 1979, 93 Stat. 342 ; Pub. L. 101542, title II, 203, Nov. 8, 1990, 104 Stat. 2385 ; Pub. L. 102325, title XV, 1555 ( a ), July 23, 1992, 106 Stat. 840 ; renumbered 444 and amended Pub. L. 103382, title II, 212 ( b ) ( 1 ), 249, 261 ( h ), Oct. 20, 1994, 108 Stat.\n\n3913, 3924, 3928 ; Pub. L. 105244, title IX, 951, 952, Oct. 7, 1998, 112 Stat. 1835, 1836 ; Pub. L.\n\n106386, div. B, title VI, 1601 ( d ), Oct. 28, 2000, 114 Stat. 1538 ; Pub. L. 10756, title V, 507, Oct. 26, 2001, 115 Stat. 367 ; Pub. L. 107110, title X, 1062 ( 3 ), Jan. 8, 2002, 115 Stat. 2088 ; Pub. L.\n\n111296, title I, 103 ( d ), Dec. 13, 2010, 124 Stat.\n\n3192. ) REFERENCES IN TEXT The Richard B. Russell National School Lunch Act, referred to in subsec. ( b ) ( 1 ) ( K ), is act June 4, 1946, ch.\n\n281, 60 Stat. 230, which is classified generally to chapter 13 ( 1751 et seq. ) of Title 42, The Public Health and Welfare.\n\nFor complete classification of this Act to the Code, see Short Title note set out under section 1751 of Title 42 and Tables.\n\nThe Child Nutrition Act of 1966, referred to in subsec.\n\n( b ) ( 1 ) ( K ), is Pub. L. 89642, Oct. 11, 1966, 80 Stat. 885, which is classified generally to chapter 13A ( 1771 et seq. ) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1771 of Title 42 and Tables.\n\nSection 14071 of title 42, referred to in subsec.\n\n( b ) ( 7 ) ( A ), was repealed by Pub. L. 109248, title I, 129 ( a ), July 27, 2006, 120 Stat. 600.\n\nThis Act, referred to in subsec. ( i ) ( 1 ), is Pub. L. 90247, Jan. 2, 1968, 80 Stat. 783, known as the Elementary and Secondary Education Amendments of 1967. Title IV of the Act, known as the General Education Provisions Act, is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title of 1968 Amendment note set out under section 6301 of this title and Tables.\n\nThe Higher Education Act of 1965, referred to in subsec.\n\n( i ) ( 1 ), is Pub. L. 89329, Nov. 8, 1965, 79 Stat. 1219, which is classified generally to chapter 28 ( 1001 et seq. ) of this title and part C ( 2751 et seq. ) of subchapter I of chapter 34 of Title 42, The Public Health and Welfare.\n\nFor complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables.\n\nPRIOR PROVISIONS A prior section 444 of Pub. L. 90247 was classified to section 1233c of this title prior to repeal by Pub. L.\n\n103382.\n\nAMENDMENTS 2010Subsec. ( b ) ( 1 ) ( K ). Pub. L. 111296, which directed that par. ( 1 ) be amended by adding subpar. ( K ) at the end, was executed by adding subpar. ( K ) after subpar.\n\n( J ), to reflect the probable intent of Congress.\n\n2002Subsec. ( a ) ( 1 ) ( B ). Pub. L. 107110, 1062 ( 3 ) ( A ), realigned margins.\n\nSubsec. ( b ) ( 1 ). Pub. L. 107110, 1062 ( 3 ) ( C ), substituted subparagraph ( E ) for clause ( E ) in concluding provisions.\n\nSubsec. ( b ) ( 1 ) ( J ). Pub. L. 107110, 1062 ( 3 ) ( B ), realigned margins.\n\nSubsec. ( b ) ( 7 ). Pub. L. 107110, 1062 ( 3 ) ( D ), realigned margins.\n\n2001Subsec. ( j ). Pub. L. 10756 added subsec. ( j ).\n\n2000Subsec. ( b ) ( 7 ). Pub. L. 106386 added par. ( 7 ).\n\n1998Subsec. ( b ) ( 1 ) ( C ). Pub. L. 105244, 951 ( 1 ), amended subpar. ( C ) generally. Prior to amendment, subpar.\n\n( C ) read as follows : 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 ) of this subsection ;.\n\nSubsec. ( b ) ( 6 ). Pub. L. 105244, 951 ( 2 ), designated existing provisions as subpar. ( A ), substituted or a nonforcible sex offense, the final results for the results, substituted such crime or offense for such crime in two places, and added subpars. ( B ) and ( C ).\n\nSubsec. ( i ). Pub. L. 105244, 952, added subsec. ( i ).\n\n1994Subsec. ( a ) ( 1 ) ( B ). Pub. L. 103382, 249 ( 1 ) ( A ) ( ii ), added subpar. ( B ). Former subpar. ( B ) redesignated ( C ).\n\nSubsec. ( a ) ( 1 ) ( C ). Pub. L. 103382, 249 ( 1 ) ( A ) ( i ), ( iii ), redesignated subpar. ( B ) as ( C ) and substituted subparagraph ( D ) for subparagraph ( C ) in cl. ( iii ). Former subpar. ( C ) redesignated ( D ).\n\nSubsec. ( a ) ( 1 ) ( D ). Pub. L. 103382, 249 ( 1 ) ( A ) ( i ), ( iv ), redesignated subpar. ( C ) as ( D ) and substituted subparagraph ( C ) for subparagraph ( B ).\n\nSubsec. ( a ) ( 2 ). Pub. L. 103382, 249 ( 1 ) ( B ), substituted privacy rights for privacy or other rights.\n\nSubsec. ( a ) ( 4 ) ( B ) ( ii ). Pub. L. 103382, 261 ( h ) ( 1 ), substituted semicolon for period at end.\n\nSubsec. ( b ) ( 1 ) ( A ). Pub. L. 103382, 249 ( 2 ) ( A ) ( i ), inserted before semicolon, including the educational interests of the child for whom consent would otherwise be required.\n\nSubsec. ( b ) ( 1 ) ( C ). Pub. L. 103382, 261 ( h ) ( 2 ) ( A ), substituted or ( iii ) for ( iii ) an administrative head of an education agency ( as defined in section 1221e3 ( c ) of this title ), or ( iv ).\n\nSubsec. ( b ) ( 1 ) ( E ). Pub. L. 103382, 249 ( 2 ) ( A ) ( ii ), amended subpar. ( E ) generally. Prior to amendment, subpar. ( E ) read as follows : State and local officials or authorities to whom such information is specifically required to be reported or disclosed pursuant to State statute adopted prior to November 19, 1974 ;.\n\nSubsec. ( b ) ( 1 ) ( H ). Pub. L. 103382, 261 ( h ) ( 2 ) ( B ), substituted the Internal Revenue Code of 1986 for the Internal Revenue Code of 1954, which for purposes of codification was translated as title 26 thus requiring no change in text.\n\nSubsec. ( b ) ( 1 ) ( J ). Pub. L. 103382, 249 ( 2 ) ( A ) ( iii ) ( v ), added subpar. ( J ).\n\nSubsec. ( b ) ( 2 ). Pub. L. 103382, 249 ( 2 ) ( B ) ( i ), which directed amendment of matter preceding subpar. ( A ) by substituting, unless for the period, was executed by substituting a comma for the period before unless to reflect the probable intent of Congress.\n\nSubsec. ( b ) ( 2 ) ( B ). Pub. L. 103382, 249 ( 2 ) ( B ) ( ii ), inserted except as provided in paragraph ( 1 ) ( J ), before such information.\n\nSubsec. ( b ) ( 3 ). Pub. L. 103382, 261 ( h ) ( 2 ) ( C ), substituted or ( C ) for ( C ) an administrative head of an education agency or ( D ) and education programs for education program.\n\nSubsec. ( b ) ( 4 ). Pub. 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