Consumer complaint received 2023-05-10
Company: Resurgent Capital Services L.P.
State: MN
Product: Debt collection
Sub-product: I do not know
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
This is about the Consumer Credit Transaction with your financial institution executed by way of signing an Agreement. As per 15 USC 6827 ( 3 ) " The term document means any information in any form. '' I demand you Cease and Desist from disclosing my " nonpublic personal information '' to all " nonaffiliated third parties '', which includes XXXX, XXXX, and XXXX. The provisions of USC 6801 ( a ) state " 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. '' Please be advised that I have not given your company which is a consent to share my " nonpublic personal information '' and if there's a nondisclosure clause in your contract/agreement giving you that option to share my " nonpublic personal information ''. I ask that you show me in the same contract/agreement where I can opt out of your sharing of my nonpublic personal information. IS USC 6802 ( B ) clearing states that * A financial institution may not disclose nonpublic personal information to a nonaffiliated third party ''. USC 6802 ( B ) 1b " 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 '' IS USC 6802 ( B ) Ic " the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' In the above- mentioned Consumer Credit Transaction , without giving me the opportunity to opt out, your institution furnished my nonpublic personal information to nonaffiliated third parties ( i.e XXXX, XXXX XXXX and XXXX ). With that said, your company has not only infringed my right to privacy but also violated multiple Federal Laws. I hereby request you remove the below-mentioned information from my Consumer Report : My rights are being violated 15 USC 1692d ( 1 ) Any bad debt furnished on my report is ruining my reputation and is a defamation of character.

Pursuant to 15 U.S. Code 1692f - Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The collection of any amount ( including any interest, fee, charge, or expense incidental to the principal obligation ) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.

Also pursuant to 15 U.S. Code 1681n - Civil liability for willful noncompliance A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; If you accept my request, I will not escalate this matter to a Federal complaint. Thank you for your attention to this matter. 
Sincerely XXXX ; XXXX

Company response to consumer: Closed with explanation