Date Received: 2023-08-16
Issue: Credit monitoring or identity theft protection services
Subissue: Billing dispute for services
Consumer Complaint: 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. 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. ( 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. ( 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. ( 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. ( 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. ( 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. ( 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. ( 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. records can be personally reviewed by a physician or other appropriate professional of the students choice. ( 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. ( 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. ( 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. ( 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. 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 ; 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. Nothing 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. ( 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. ( 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. ( 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. ( 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. ( 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 ). ( 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. ( 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. ( 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. ( 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. 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. ( B ) The Secretary shall take appropriate steps to notify educational institutions that disclosure of information described in subparagraph ( A ) is permitted. ( 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. ( 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. ( 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. ( 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. ( 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. ( 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. ( 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. ( 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. ( 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. ( 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 ). ( 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 ). ( 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. ( 4 ) Record-keeping Subsection ( b ) ( 4 ) of this section does not apply to education records subject to a court order under this subsection. ( 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. 3913, 3924, 3928 ; Pub. L. 105244, title IX, 951, 952, Oct. 7, 1998, 112 Stat. 1835, 1836 ; Pub. L. 106386, 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. 111296, title I, 103 ( d ), Dec. 13, 2010, 124 Stat. 3192. ) REFERENCES IN TEXT The Richard B. Russell National School Lunch Act, referred to in subsec. ( b ) ( 1 ) ( K ), is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to chapter 13 ( 1751 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 1751 of Title 42 and Tables. The Child Nutrition Act of 1966, referred to in subsec. ( 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. Section 14071 of title 42, referred to in subsec. ( b ) ( 7 ) ( A ), was repealed by Pub. L. 109248, title I, 129 ( a ), July 27, 2006, 120 Stat. 600. This 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. The Higher Education Act of 1965, referred to in subsec. ( 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. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables. PRIOR PROVISIONS A prior section 444 of Pub. L. 90247 was classified to section 1233c of this title prior to repeal by Pub. L. 103382. AMENDMENTS 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. ( J ), to reflect the probable intent of Congress. 2002Subsec. ( a ) ( 1 ) ( B ). Pub. L. 107110, 1062 ( 3 ) ( A ), realigned margins. Subsec. ( b ) ( 1 ). Pub. L. 107110, 1062 ( 3 ) ( C ), substituted subparagraph ( E ) for clause ( E ) in concluding provisions. Subsec. ( b ) ( 1 ) ( J ). Pub. L. 107110, 1062 ( 3 ) ( B ), realigned margins. Subsec. ( b ) ( 7 ). Pub. L. 107110, 1062 ( 3 ) ( D ), realigned margins. 2001Subsec. ( j ). Pub. L. 10756 added subsec. ( j ). 2000Subsec. ( b ) ( 7 ). Pub. L. 106386 added par. ( 7 ). 1998Subsec. ( b ) ( 1 ) ( C ). Pub. L. 105244, 951 ( 1 ), amended subpar. ( C ) generally. Prior to amendment, subpar. ( 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 ;. Subsec. ( 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 ). Subsec. ( i ). Pub. L. 105244, 952, added subsec. ( i ). 1994Subsec. ( a ) ( 1 ) ( B ). Pub. L. 103382, 249 ( 1 ) ( A ) ( ii ), added subpar. ( B ). Former subpar. ( B ) redesignated ( C ). Subsec. ( 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 ). Subsec. ( a ) ( 1 ) ( D ). Pub. L. 103382, 249 ( 1 ) ( A ) ( i ), ( iv ), redesignated subpar. ( C ) as ( D ) and substituted subparagraph ( C ) for subparagraph ( B ). Subsec. ( a ) ( 2 ). Pub. L. 103382, 249 ( 1 ) ( B ), substituted privacy rights for privacy or other rights. Subsec. ( a ) ( 4 ) ( B ) ( ii ). Pub. L. 103382, 261 ( h ) ( 1 ), substituted semicolon for period at end. Subsec. ( 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. Subsec. ( 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 ). Subsec. ( 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 ;. Subsec. ( 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. Subsec. ( b ) ( 1 ) ( J ). Pub. L. 103382, 249 ( 2 ) ( A ) ( iii ) ( v ), added subpar. ( J ). Subsec. ( 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. Subsec. ( b ) ( 2 ) ( B ). Pub. L. 103382, 249 ( 2 ) ( B ) ( ii ), inserted except as provided in paragraph ( 1 ) ( J ), before such information. Subsec. ( 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. Subsec. ( b ) ( 4 ). Pub. L. 103382, 249 ( 2 ) ( C ), inserted at end If a third party outside the educational agency or institution permits access to information in violation of
Company Response:
State: MS
Zip: 393XX
Submitted Via: Web
Date Sent: 2023-08-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-16
Issue: Getting a loan
Subissue: Fraudulent loan
Consumer Complaint: I have attached screen photos of navient and employees insurance the fraud form navient asked me to complete undet a t I tal and permanent XXXX looks like a form for life and XXXX insurance there other Financial services that navient offered other than student loan that is published on navient website personal medical information has been released to navient at XXXX provider XXXX XXXX XXXX and them also medical professionals involved in fraudulent and misconduct. One of navient employees could have taken life and XXXX insurance using my personal information
Company Response:
State: IL
Zip: 60406
Submitted Via: Web
Date Sent: 2023-08-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-15
Issue: Dealing with your lender or servicer
Subissue: Keep getting calls about your loan
Consumer Complaint: I informed the company Navient, that they can not call as per the fair debt collection practices act between the hours of XXXX and XXXX monday-friday due to it negatively effecting my work, having been told numerous times by my employer that they need to stop calling. Now they call 3 or 4 times a day during XXXX and XXXX, and i may soon lose my job due to this, am i able to take legal action as i have notified them not once but twice about the FDCPA and they continue to harrass me?.
Company Response:
State: NY
Zip: 12144
Submitted Via: Web
Date Sent: 2023-08-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-15
Issue: Dealing with your lender or servicer
Subissue: Trouble with how payments are being handled
Consumer Complaint: Navient does not have a record of payments made between XXXX and XXXX. They suggested contacting Federal Student Aid about the matter. FSA sent a letter indicating that " the last federal student loan reported is a FFEL Program Consolidation Loan that is paid in full as of XX/XX/XXXX. The loan is now in forbearance and Navient claims I owe around {$17000.00}.
Company Response:
State: IL
Zip: 60622
Submitted Via: Web
Date Sent: 2023-08-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-15
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: The text below was also printed on paper and sent via postal Certified Mail Number XXXX XXXX XXXX XXXX XXXX RE : Navient Account No. XXXX NOTICE OF DISPUTE, NOT SEEKING VERIFICATION Non-Negotiable Thank you for the statement of XX/XX/2023 that your institution recently sent me expecting payment for an alleged debt. Your claim is disputed under 15 USC 1692 et seq. Please furnish me with the following information : 1. Evidence that Navient Corp. has used its own capital, funds, money or money equivalents to pay for any charges on the alleged account. 2. Evidence that banks ' funds, other than consumer 's notes, were used to pay for charges on the alleged account, proving that Navient Corp. did not receive " something-for-nothing ''. 3. Evidence that Navient Corp. disclosed the above information in their agreement prior to soliciting applicant to become bound by it. 4. Evidence how Navient Corp. has complied with federal statutes directly or indirectly ( as stated herein ), thereby avoiding the use of false, deceptive or misleading representations or means, in violation of Section 807 of the FDCPA, 15 U.S.C. 1692e, which constitutes fraud. 5. Evidence that due to the securitization of the initial outstanding balances of the alleged account, Navient Corp. is a holder in due course and therefore can incur a loss or make a valid claim. See : https : XXXX XXXX. Evidence that when accounts are overdue, Navient Corp.. does not receive a payoff of the amount due from insurance, whose premiums were unknowingly funded by the so-called borrower. XXXX. A complete statement of damages, including each and every loss that Navient XXXX. incurred under the alleged agreement. 8. A copy of any insurance claim having been made by Navient Corp. regarding this account. 9. A front and back, true and correct copy of the alleged signed agreement bearing my signature. This is for full and complete disclosure, which is required to demonstrate validity under globally accepted contract law. 10. A true and correct copy of the transfer instrument that was used to transfer the initial outstanding balances from this alleged account into the Special Purpose Entity ( SPE ) trust, as described on the FDIC website. 11. The name, address and telephone number of Navient Corp.s CPA auditor. 12. Verification that this alleged debt has been or has not been assigned or sold to a third party. If you can not verify this debt by the above listed means, then please cease and desist. The Fair Debt Collection Practices Act 15 USC 1692, requires you to validate and verify this debt. Are you committing mail fraud? " Fraud vitiates the most solemn Contracts, documents and even judgments '' [ U.S. vs. Throckmorton, 98 US 61, at pg. 65 ] I demand that you report this Notice of Dispute to the three major credit bureaus immediately. You are required by law to do so. See 15 USC, section 1681s-2 ( b ) ( C ). If any negative mark is found or continues to report on any of my credit reports by your company or any company that you represent, I will not hesitate in bringing legal action against you for the following : Violation of the Fair Credit Reporting Act and Defamation of Character. In order to settle this matter, please sign or have an authorized officer sign the enclosed affidavit, confirming that you have read the agreement, that you understand XXXX, the bookkeeping entries, accounts receivables and deposits, the banking laws, and the Federal Reserve banks policies and procedures. Failure to verify and validate the debt within thirty ( 30 ) days by signing the enclosed affidavit confirms that no further action will be taken and an absolute waiver of any right to collect the alleged debt. Furthermore all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. This notice also constitutes a Notice to Cease Telephonic Communications. Non-compliance with this request will violate the Telephone Consumer Protection Act 47 USC 227. NOTICE THIS IS NOT A REQUEST FOR CONFIRMATION THAT YOU HAVE A COPY OF AN AGREEMENT OR COPIES OF STATEMENTS. THIS IS A DEMAND FOR PROOF THAT YOU HAVE THE REQUISITE KNOWLEDGE OF THE FACTS, AND THAT THE ALLEGED CREDITOR PROVIDED ADEQUATE CONSIDERATION AND INCURRED A FINANCIAL LOSS UNDER THE FULL & COMPLETE ORIGINAL AGREEMENT. Notice to the Principal is Notice to the Agent, and Notice to the Agent is Notice to the Principal.
Company Response:
State: FL
Zip: 33321
Submitted Via: Web
Date Sent: 2023-08-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-16
Issue: Dealing with your lender or servicer
Subissue: Need information about your loan balance or loan terms
Consumer Complaint: XX/XX/2023 Navient XXXX XXXX XXXX XXXX XXXX, PA. XXXX To Whom XXXX XXXX Concern : Be advised this is not a refusal to pay, but a notice that your claim is disputed and validation is requested. I have the right to request validation of the debt that you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation that is binding me to pay this debt. This is NOT a request for verification or proof of my mailing address, but a request for VERIFICATION made pursuant to 15USC 1692g Sec. 809 ( b ) of the FDCPA. I nicely request that you provide me with competent evidence that I have any legal obligation to pay you. Please know that if you have or continue to report invalidated information to any of the three major credit bureaus ( XXXX, XXXX, XXXX ), this action will constitute fraud under both federal and state laws. If any negative mark is found or continues to report on any of my credit reports by your company, I will bring legal action against you for violating my rights. Furthermore, according to 15 U.S. Code 6802 ( b ) - Obligations with respect to disclosures of personal information ( 1 ) In general A financial Institution may not disclose nonpublic personal information to non affiliated third party unless : A : such financial Institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; B : the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and C : the consumer is given an explanation of how the consumer can exercise that nondisclosure option. If you fail to respond to this validation request within 30 days days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. Signed, XXXX XXXX XXXX
Company Response:
State: NC
Zip: 28376
Submitted Via: Web
Date Sent: 2023-08-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-15
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: The incorrect information pertains to Navient. My credit was impacted because XXXX is reporting wrong that I am 90 days late yet they are also reporting that I have made 100 percent of my payments. My student loan has been in forbearance and paused due to the Government loan pause on student loans. This inaccurate reporting is negatively impacting my credit profile and financial standing. I kindly request that you investigate the matter and take the necessary steps to rectify the situation promptly. Despite my previous attempts to resolve this matter through the company involved, the issue remains unresolved and continues to impact my financial standing. I have diligently followed the proper channels to address the inaccuracies on my credit report, including contacting both XXXX and Navient. However, to my disappointment, the situation has not been rectified, and I am left with the burden of incorrect credit information that does not reflect my true creditworthiness. I understand the importance of accurate credit reporting for both consumers and credit bureaus. To assist you in resolving this matter efficiently, I have attached relevant documentation that supports my claim. I kindly ask that you conduct a thorough review of my credit report and make the necessary corrections in accordance with the Fair Credit Reporting Act. Please keep me informed about the progress of this investigation and any actions taken to address the inaccuracies. I appreciate your attention to this matter and your prompt response.
Company Response:
State: AL
Zip: 359XX
Submitted Via: Web
Date Sent: 2023-08-15
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-15
Issue: Dealing with your lender or servicer
Subissue: Trouble with how payments are being handled
Consumer Complaint: On XX/XX/23, I began receiving auto-dial calls from Navient. I had been submitting payments monthly to Navient and there was no reason for them to begin reaching out. On XX/XX/23, they began auto dialing me 3 times per day. On XX/XX/23, I spoke with them and they informed me that beginning on XX/XX/23, they started applying my full payment to 3 out of 4 loans only, causing one loan to fall behind in payments, while 3 loans to be ahead. I asked them to retroactively apply the payment correctly to cover all the loans and they said too much time has lapsed for them to apply the payment correctly, and I would need to pay them more money. They harassed me during this period calling 2 times on XX/XX/23, 3 times on XX/XX/23, I spoke with them on XX/XX/23 and when they called again on XX/XX/23, I asked them again to apply my full on-time payment to all four loans, she stated she would look into it and that she removed me from the auto dialer. Yesterday, XX/XX/23, the autodialer calls started again. One at XXXX, another at XXXX, and XXXX. I send a check for the same amount every month on the 5th of the month. I did not ask Navient to change how they disburse my payment, but it started happening on XX/XX/23 for some reason that Navient has not disclosed to me. This caused a negative payment status for me even though Ive been making my payments the same as I always have. Furthermore, they did not seem interested in fixing their mistake, instead using manipulative tactics ( for example calling me 3 times per day and putting me on hold as soon as I answer ) to get me to pay extra than the agreed upon amount. Even after I expressed to them multiple times that I wanted them to fix their mistake and apply my payments in XXXX, XXXX, and XXXX correctly to all four loans, they vaguely say its not possible. Then after telling me they removed me from the autodialer, they calls began one week later.
Company Response:
State: CT
Zip: 06708
Submitted Via: Web
Date Sent: 2023-08-15
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-14
Issue: Fraud or scam
Subissue:
Consumer Complaint: Navient XXXX XXXX XXXX XXXX XXXX XXXX I did not have any late payments.
Company Response:
State: NJ
Zip: 085XX
Submitted Via: Web
Date Sent: 2023-08-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-11
Issue: Dealing with your lender or servicer
Subissue: Problem with customer service
Consumer Complaint: I am not even the debt holder nor am I consigned so any loan. Not really sure why they decided to pull my name out from a family relation, but I have been receiving calls and emails about a student loan debt that isn't mine nor have I cosigned on said loan. I find this all to be pretty harassing and interrupting my daily life as a caretaker to my small children. When I answered one of the call thinking it was my child 's doctor, it was instead a navient employee that laughed at me when I said I had nothing to do with said debt and that I thought it was illegal how she was calling me. Then I attempted to complain directly to navient via their phone system and got told no one could take my call and to leave a message? I am very over navient 's bizarre harassing tactics.
Company Response:
State: MA
Zip: 021XX
Submitted Via: Web
Date Sent: 2023-08-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A