Consumer complaint received 2024-01-23
Company: Convergent Resources, Inc.
State: MA
Product: Debt collection
Sub-product: Telecommunications debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was paid

Complaint:
My original contract was with XXXX since they now merge with XXXX. Convergent Outsourcing, inc violated my right as a consumer. My Account number XXXX. WAS PAID OFF. I have called several time and they keep telling me to call XXXX and I have called XXXX which they have merge with XXXX and no one has my account. 
I am writing to report on various violations of the Fair Credit Reporting Act ( FCRA ) from the following organizations, Convergent Outsourcing Inc, ( further known as DEBT COLLECTORS ) and XXXX, XXXX and XXXX ( further known as CREDIT REPORTING AGENCIES ). First, all companies, including DEBT COLLECTORS, have agreed to follow the regulations to protect consumers ' information. The information that is shown on the consumer report has adversely affected my life as it bears on the credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics and mode of living. The violations are as followed : Opt Out Laws - Exhibit A shows an example of a letter sent to the debt collectors expressing my choice to opt out. 15 USC 1681 section 604 ( a ) section 2 states that In general subject to subsection, any consumer agency may furnish a consumer credit report under the following circumstances and no other : in accordance with the written instructions of the consumer to who it relates. The CREDIT REPORTING AGENCIES and DEBT COLLECTORS do not have, nor did I ever give, my permission to and written or any other consent to furnish this information. Any and all consent to the CREDIT REPORTING AGENCIES and DEBT COLLECTORS for these collection items have been revoked. 15 USC 6802 ( b ) ( c ) states that A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless- the consumer is given an explanation of how the consumer can exercise the non disclosure option. The DEBT COLLECTORS never informed me of my right to exercise my nondisclosure option. To add, this account is an adverse item that is in violation of of USC 1681 ( c ) ( 5 ) which states : Except as authorized under subsection ( b ), no CONSUMER REPORTING AGENCY may make any consumer report containing any of the following items of information : Any ADVERSE item of information other than records of convictions of crimes which antedates the report by more than seven years. Further, the credit reports shows information that falsely represents the DEBT COLLECTORS as ATTORNEYS. These agencies are not attorneys and should not appear as falsely representing themselves in accordance with Title 15 USC 1692. It is stated that every consumer reporting agency shall maintain reasonable procedures when there is cause for information to be inaccurate. 15 USC 1681 ( a ) states A person shall not furnish any information relating to a consumer to any consumer if the person knows or has reasonable cause to believe that the information is inaccurate. All of this is also in violation of the Privacy Act of 1974. The CREDIT REPORTING AGENCIES are not maintaining reasonable procedures to avoid violations of for fair credit reporting. Per 12 CFR 1026.7, According to the Fair Credit Reporting Act 15 USC 1681 section 602 a states " There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' XXXX and XXXX are consumer reporting agencies and I am the Consumer. I have the right to make sure my private information isn't shared which is backed by 15 USC 6801 which states '' It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. 15 USC 1681 section 604 a section 2 states that " In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, XXXX, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' ( Furnisher of information to credit agencies ) Never informed me of my right to exercise my nondisclosure option. Not only that 15 USC 1681C ( a ) ( 5 ) states '' Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states " A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. XXXX and XXXX are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that " A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services.

Per my right Privacy Act of 1974 Privacy Act of 1974 ( 5 U.S. Code 552a ) Important Definitions ( 4 ) the term record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph ; This includes consumer reports ( b ) Conditions of Disclosure.No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31.

Again they need prior written instruction of the individual to whom it relates.

Section 3711 ( e ) of title 31 States ( 1 ) When trying to collect a claim of the Government under a law except the Internal Revenue Code of 1986 ( 26 U.S.C. 1 et seq. ), the head of an executive, judicial, or legislative agency shall disclose to a consumer reporting agency information from a system of records that a person is responsible for a claim if ( E ) the head of the agency has established procedures to ( iii ) get satisfactory assurances from each consumer reporting agency that the agency is complying with all laws of the United States related to providing consumer credit information ; and Per the FCRA as a federally protected consumer I am now opting out of any and all authorizations I the consumer may have given you writing unwritten verbal and nonverbal per 15USC 6802. Original Creditor XXXX.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation