Consumer complaint received 2023-03-07
Company: Resurgent Capital Services L.P.
State: MI
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Their investigation did not fix an error on your report

Complaint:
Dispute of Inaccurate Credit Report Information To Whom It May Concern, I am writing to dispute inaccurate information on my credit report that has been reported by XXXXXXXX XXXX Specifically, XXXX XXXX  has reported a charged off account which is a violation of the Fair Credit Reporting Act ( FCRA ) as defined by Sections 1681e and 1681i of the FCRA ( 15 U.S.C. 1681-1681x ), as well as other federal laws and regulations. 

I am writing to dispute inaccurate information on my credit report that relates to my account with XXXXXXXX XXXX. The account information on my credit report is as follows : Account Number : XXXX Original Creditor : - Company Sold : LNMV Funding LLC Account Type : Unsecured Loan Date Opened : XX/XX/XXXX Open/Closed : Closed Status : Charge-off Status Updated : XX/XX/XXXX Balance : {$0.00} Balance Updated : XX/XX/XXXX Original Balance : {$33000.00} Monthly Payment : - Past Due Amount : - Highest Balance : - Terms : 60 Months Responsibility : Individual I believe that the information listed above is inaccurate and unfairly damaging my credit score. I dispute this information on the grounds that XXXX XXXX has violated federal laws in their collection activities against me. Specifically, I believe that XXXXXXXX XXXX violated the following USC Codes : USC 1692e - False or misleading representations USC 1692f - Unfair practices USC 1681s-2 - Duties of furnishers of information to consumer reporting agencies USC 1692d - Harassment or abuse USC 1692c - Communication in connection with debt collection USC 1692b - Acquisition of location information USC 1692a - Definitions Furthermore, I have previously sent two certified letters to your offices, the first letter was for debt validation made pursuant to Title X 111-203q Sec. 809 ( b ) of the FDCPA. I respectfully requested that your offices provide me with competent evidence that I have any legal obligation to pay you. The second letter refers to Acceptance for Value and Counter Offer/Claim for Proof of Claim . 
Despite my attempts to resolve this issue, XXXXXXXX XXXX has continued to violate my rights as a consumer. Specifically, I am troubled by the fact that you charged off my debt in XX/XX/XXXX, just a few months after opening the account in XX/XX/XXXX. This action violates USC 1692e, which prohibits false or misleading representations in connection with debt collection. I believe that charging off a debt so soon after it was opened is not only unfair but also misleading to consumers. 
Additionally, XXXXXXXX XXXX sold my debt to LNMV Funding LLC on XX/XX/XXXX. According to my credit report, LNMV Funding LLC is reporting the account as seriously past due and assigned to an attorney, collection agency, or credit grantor 's internal collection department. This action violates USC 1692d, which prohibits harassment or abuse in connection with debt collection, and USC 1692c, which regulates communication in connection with debt collection. 
I demand that XXXXXXXX XXXX take immediate action to correct the inaccurate information on my credit report and provide monetary relief for the damages caused by your violations. I request that XXXXXXXX XXXX pay me {$1000.00} per violation in accordance with the CFPB 's past cases where clients received monetary relief for similar violations. 

Under the FCRA, consumer reporting agencies must follow certain procedures for reporting information about consumers ' creditworthiness including when reporting " charged off '' debts. Sections 1681e and 1681i of the FCRA require consumer reporting agencies to follow reasonable procedures to ensure the accuracy of consumer credit information and to promptly investigate disputes. Additionally, the FCRA allows for consumers to dispute inaccurate information on their credit reports and request corrections. 

In XXXX, the Consumer Financial Protection Bureau ( CFPB ) took action against several large credit reporting agencies, including XXXXXXXX XXXX, for violations of the FCRA, resulting in millions of dollars in monetary relief for affected consumers. The CFPB alleged that these credit reporting agencies failed to maintain accurate information and failed to investigate disputes in a timely manner. As a victim of unfair debt collection practices, I am writing to express my concerns about the charge-off reporting on my credit report. Despite my numerous attempts to resolve the debt, XXXXXXXX XXXX has failed to respond to my requests for validation or to provide proof of the alleged debt. Instead, they charged off the debt and continued to report it to the credit bureaus, damaging my credit score and causing me financial hardship. 

It is important to note that charging off a debt does not mean that the debt is forgiven or that the consumer is no longer liable for the debt. Charging off a debt simply means that the lender has written off the debt as uncollectible and has claimed it as a loss on their tax return. However, the debt remains on the consumer 's credit report and can continue to be reported by the lender, causing significant harm to the consumer 's credit score and financial reputation. 

Furthermore, the decision to charge off a debt should only be made after the lender has exhausted all other efforts to collect the debt, including sending validation of the debt, negotiating payment arrangements, and pursuing legal action if necessary. In my case, XXXXXXXX XXXX failed to provide any validation of the debt, refused to negotiate payment arrangements, and instead pursued legal action against me without providing proof of the debt. 

This is a clear violation of several federal laws, including the Fair Debt Collection Practices Act ( FDCPA ), which prohibits debt collectors from making false or misleading statements and from using unfair or abusive practices to collect a debt. Additionally, the Fair Credit Reporting Act ( FCRA ) requires that all information on a consumer 's credit report be accurate, verifiable, and complete. Reporting a charge-off without proper validation or documentation violates these laws and can result in significant damages to the consumer. 

I am requesting that XXXXXXXX XXXX take immediate action to remove the charge-off from my credit report, provide proof of the alleged debt, and compensate me for any damages incurred as a result of their unfair and illegal debt collection practices. I am also requesting that they stop all legal action against me until the debt has been properly validated and resolved. 

Due process is a constitutional right that guarantees individuals fair treatment under the law. In my case, I reached out to XXXXXXXX XXXX. multiple times via certified mail to remedy my accounts and provide debt validation, but they failed to respond. This lack of response is a violation of my due process rights, as it denies me the opportunity to address and resolve any issues with my accounts. 

The USC code that pertains to this violation is USC 1692g, which requires debt collectors to provide consumers with written validation of the debt within five days of initial contact. Failure to provide validation can result in a violation of the Fair Debt Collection Practices Act ( FDCPA ) and may entitle the consumer to statutory damages. 
Furthermore XXXXXXXX XXXX. charged off my debt and reported it to credit bureaus, which has negatively impacted my credit score and reputation. 
This reporting is a violation of the Fair Credit Reporting Act ( FCRA ), which mandates that credit reporting agencies and creditors report accurate and complete information. Charging off a debt does not relieve a creditor of the responsibility to report the accurate status of the account. 
The USC code that pertains to this violation is USC 1681s-2 ( a ), which states that furnishers of information to credit reporting agencies must provide accurate and complete information. Violations of this section can result in liability for actual and punitive damages, as well as attorney 's fees and costs. 

I encourage the CFPB to take action against XXXX XXXX for their illegal and unethical practices. It is unacceptable for a financial institution to take advantage of consumers in this manner, and I hope that my case will serve as a warning to others who may be experiencing similar issues. 

In addition to FCRA violations, XXXX XXXX has also violated other federal laws and regulations, including the Privacy Act of 1974 ( 5 U.S.C. 522a ), the Gramm-Leach-Bliley Act ( 15 USC 1681, 15 USC 6801-6809 ), the Code of Federal Regulations ( CFR 313.1-313.7, 16 CFR 433.2-433.3 ), and the Fair Debt Collection Practices Act ( FDCPA ) ( 15 U.S.C. 1692-1692p ). XXXXXXXX XXXX has also failed to adequately protect my personal information, which is a violation of the Identity Theft and Assumption Deterrence Act of 1998 ( 18 U.S. Code 1028 ). 

FCRA : Actual damages : Any financial loss or harm suffered by the consumer as a result of the inaccurate information reported by the credit reporting agency, such as denial of credit, higher interest rates, or loss of employment. 
Punitive damages : Additional damages awarded to punish the credit reporting agency for willful or negligent violations of the FCRA. 
Statutory damages : A fixed amount of damages awarded to the consumer for each violation of the FCRA, regardless of whether any actual harm was suffered. The amount of statutory damages can range from {$100.00} to {$1000.00} per violation, depending on the nature and severity of the violation. 

Examples of FCRA violations that can result in damages include : XXXX. Reporting inaccurate information on the consumer 's credit report, such as a charged off account that has been paid in full or a debt that does not belong to the consumer. 
XXXX. Failing to correct inaccurate information on the consumer 's credit report after receiving a dispute from the consumer. 
XXXX. Failing to conduct a reasonable investigation of a consumer dispute. 
XXXX. Continuing to report inaccurate information on the consumer 's credit report even after being informed of the inaccuracy. 

USC codes related to the FCRA : Sections 1681e and 1681i of the FCRA 15 U.S.C. 1681-1681x USC codes related to the FDCPA : 15 U.S.C. 1692-1692p USC codes related to the TILA : 15 U.S.C. 1601-1667f FDCPA : Actual damages : Any financial loss or harm suffered by the consumer as a result of the debt collector 's actions, such as lost wages or medical expenses. 
Statutory damages : A fixed amount of damages awarded to the consumer for each violation of the FDCPA, regardless of whether any actual harm was suffered. The amount of statutory damages can range from {$100.00} to {$1000.00} per violation, depending on the nature and severity of the violation. 

Attorney 's fees : If the consumer prevails in a lawsuit against the debt collector, the court may order the debt collector to pay the consumer 's attorney 's fees. 
Examples of FDCPA violations that can result in damages include : Harassing or abusive language used by the debt collector, such as threats of violence or using profanity. 

XXXX. Falsely representing the amount or nature of the debt owed. 
XXXX. Falsely representing that the debt collector is an attorney or government representative. 
XXXX. Failing to validate the debt within 30 days of the initial contact with the consumer. 
TILA : Actual damages : Any financial loss or harm suffered by the consumer as a result of the creditor 's failure to disclose required information, such as hidden fees or incorrect interest rates. 

Statutory damages : A fixed amount of damages awarded to the consumer for certain violations of the TILA, regardless of whether any actual harm was suffered. The amount of statutory damages can range from {$400.00} to {$4000.00} per violation, depending on the nature and severity of the violation. 

Rescission : The right of the consumer to cancel certain types of loans within a specified period of time if the creditor fails to provide the required disclosures. 

Examples of TILA violations that can result in damages include : XXXX. Failing to provide the consumer with a written disclosure of the finance charge, annual percentage rate ( APR ), and other important terms of the loan. 
XXXX. Failing to provide the consumer with a right of rescission for certain types of loans, such as home equity loans. 
Misrepresenting the terms or conditions of the loan, such as falsely stating that the loan has a fixed interest rate when it actually has a variable rate. 

There have been several recent case studies where the CFPB has awarded monetary relief to consumers for violations of the FCRA and other relevant laws. In XXXX, XXXX, XXXX, and XXXX agreed to pay a combined {$26.00} XXXX in restitution to affected consumers for FCRA violations. In XXXX, the CFPB ordered XXXX XXXX XXXX XXXX to pay {$1.00} XXXX in restitution to affected consumers for violations of the Electronic Fund Transfer Act and Regulation E. 
XXXX appears to be in violation of the Fair Debt Collection Practices Act ( FDCPA ) ( 15 U.S.C. 1692-1692p ) and the Truth in Lending Act ( TILA ) ( 15 U.S.C. 1601-1667f ). The FDCPA prohibits debt collectors from using false, deceptive, or misleading representations or means in connection with the collection of any debt. The TILA requires creditors to provide certain disclosures about the terms and conditions of a consumer credit transaction. Failure to comply with these laws can result in monetary damages and statutory penalties. 

Under the FCRA, consumer reporting agencies must follow certain procedures for reporting information about consumers ' creditworthiness, including when reporting " charged off '' debts. Sections 1681e and 1681i of the FCRA require consumer reporting agencies to follow reasonable procedures to ensure the accuracy of consumer credit information and to promptly investigate disputes. Violations of the FCRA can result in actual damages, punitive damages, and attorney fees. 

Examples of damages related to FCRA violations include : XXXX. Denial of credit or employment XXXX. Higher interest rates on loans XXXX. Increased insurance premiums XXXX. Emotional distress and loss of enjoyment of life XXXXXXXX XXXX inaccurate reporting of the charged off account on your credit report is a violation of the FCRA. In XXXX, the Consumer Financial Protection Bureau ( CFPB ) took action against several large credit reporting agencies, including XXXX XXXX, for violations of the FCRA, resulting in millions of dollars in monetary relief for affected consumers. The CFPB alleged that these credit reporting agencies failed to maintain accurate information and failed to investigate disputes in a timely manner. 

The FDCPA, which is enforced by the Federal Trade Commission ( FTC ), protects consumers from abusive debt collection practices. 15 U.S.C. 1692-1692p outline the regulations that debt collectors must follow. Violations of the FDCPA can result in actual damages, statutory damages, and attorney fees. 

Examples of damages related to FDCPA violations include : XXXX. Harassment or abuse XXXX. False or misleading representations XXXX. Unfair or unconscionable practices The Truth in Lending Act ( TILA ) is a federal law that requires creditors to disclose certain information to borrowers, including the annual percentage rate ( APR ), finance charges, and the total cost of credit. 15 U.S.C. 1601-1667f outline the regulations that creditors must follow. Violations of the TILA can result in actual damages, statutory damages, and attorney fees. 
XXXX. Examples of damages related to TILA violations include : XXXX. Payment of excessive fees XXXX. Overcharging for credit XXXX. Failure to disclose required information It is possible that XXXXXXXX XXXX actions, including the terms of the credit card agreement and any fees charged, may constitute violations of the TILA. 
The Privacy Act of 1974 ( 5 U.S.C. 522a ) is a federal law that governs the collection, maintenance, use, and dissemination of personal information by federal agencies. It also provides individuals with certain rights to access and amend their own records. Violations of the Privacy Act can result in actual damages, punitive damages, and attorney fees. 
XXXXXXXX XXXX failure to adequately protect your personal information, which was disclosed in the complaint, may constitute a violation of the Privacy Act. 
In conclusion XXXX XXXX inaccurate reporting of the charged off account and the actions of the XXXX XXXX XXXX may have violated several federal laws, including the FCRA, FDCPA, TILA, and Privacy Act. 
These violations may have resulted in actual damages, statutory damages, and attorney fees I would like to emphasize the emotional distress and financial hardship that XXXXXXXX XXXX and the XXXX XXXX XXXX have caused me and my family. The inaccurate reporting of the charged off debt has negatively impacted my credit score and financial standing, making it difficult for me to obtain credit or loans, which has caused significant stress and anxiety. 

Furthermore, the burden of defending against a lawsuit and potentially paying for damages and legal fees has taken a toll on me and my family. This has prevented me from investing in new business ventures or pursuing other opportunities that would have helped improve my financial situation. 

I strongly urge XXXXXXXX XXXX and the XXXX XXXX XXXX to correct any inaccurate information related to the charged off debt and to provide me with a written explanation of the investigation and resolution of any disputes. I also request that they provide me with a copy of my credit report and any information related to the charged off debt that has been provided to third parties. 

XXXXXXXX XXXX has violated the Fair Credit Reporting Act ( FCRA ) by reporting inaccurate and misleading information to credit reporting agencies. Pursuant to 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ), XXXX XXXX has a duty to provide accurate and complete information to credit reporting agencies. However, the data provided clearly shows that XXXXXXXX XXXX has reported inaccurate and false information regarding my accounts, including the status and amount of the debt owed. This has resulted in significant harm to my credit score and overall financial standing. 

Additionally, XXXXXXXX XXXX has violated the Fair Debt Collection Practices Act ( FDCPA ) by engaging in abusive and harassing behavior towards me. Pursuant to 15 U.S.C. 1692d, debt collectors are prohibited from engaging in conduct that is intended to harass, oppress, or abuse any person. However, the data provided shows that XXXXXXXX XXXX has engaged in repeated and aggressive phone calls and letters, despite my requests to cease such communication. This conduct has caused significant emotional distress and anxiety for me and it has affected my cognitive abilities to focus on daily task and functioning. 

Furthermore, XXXXXXXX XXXX has violated the Truth in Lending Act ( TILA ) by failing to disclose important information regarding my account. Pursuant to 15 U.S.C. 1638 ( a ) ( 2 ), creditors are required to disclose the finance charge, annual percentage rate ( APR ), and other important terms and conditions of a credit account. However, the data provided shows that XXXXXXXX XXXX failed to disclose certain fees and charges associated with the account, resulting in unexpected and excessive charges. 

Finally, XXXXXXXX XXXX has violated 18 U.S.C. 242 by engaging in conduct that constitutes a color of law violation. Pursuant to this statute, it is illegal for any person, acting under color of law, to deprive another person of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States. The data provided shows that XXXXXXXX XXXX has engaged in deceptive and unfair practices, this resulted in reporting inaccurate information to credit reporting agencies, engaging in abusive debt collection practices, and failing to disclose important information regarding his account. These practices have deprived me of my rights to fair and accurate credit reporting, protection from abusive debt collection practices, and full disclosure of the terms and conditions of his account. 
In light of these violations, I urge the Consumer Financial Protection Bureau ( CFPB ) to investigate XXXXXXXX XXXX to conduct and take appropriate action to hold them accountable for their actions. I deserve fair and just treatment, and it is imperative that financial institutions such as XXXXXXXX XXXX are held to the highest standards of fairness, transparency, and accountability. 
Lastly, I have not given consent for XXXXXXXX XXXX to share my personal information with third-party companies, yet I have received numerous calls and emails from companies claiming to have received my information from XXXXXXXX XXXX XXXX This is a clear violation of the Gramm-Leach-Bliley Act ( GLBA ), which requires financial institutions to safeguard their customers ' personal information. I have experienced unprofessional behavior from XXXXXXXX XXXX representatives. When attempting to resolve issues with my account, I have been met with hostility and condescension. This is not only disrespectful, but it is also a violation of the Fair Debt Collection Practices Act and the Consumer Financial Protection Act. 

Furthermore, I have been provided with deceptive contract terms and language. The terms and conditions presented to me were confusing and intentionally misleading. This violates USC codes 15 U.S. Code 41, which prohibits unfair or deceptive acts or practices in commerce. 

Overall, these actions by XXXXXXXX XXXX have caused significant harm to me and my financial situation, and I urge the CFPB to take swift action against them. I request that the CFPB hold XXXXXXXX XXXX accountable for violating the XXXX, XXXX, FDCPA, XXXX, XXXX 15 U.S. Code 41, and GLBA. Additionally, I request that I receive monetary relief and account remedy for the harm caused to me and my family. 

I am writing to express my deep concern regarding the treatment I have received from your company. Despite my efforts to remedy the issues with my account, I have not received any satisfactory resolution. I have contacted your company via certified mail on two separate occasions, yet I have not received any response or action regarding my concerns. 

Furthermore, I have requested debt validation and acceptance for value and counteroffer/claim for proof of claim, but your company has failed to provide me with any evidence or documentation to support their claims against me. This is a clear violation of the Fair Debt Collection Practices Act and the Consumer Financial Protection Act. 

I believe that your company has committed several violations of the USC codes, including USC 15 1692 et seq. and USC 12 5536, which prohibit unfair, deceptive, or abusive acts or practices in consumer financial products or services. 

In addition, your company 's actions have caused me significant financial and emotional damages. I have experienced unauthorized overdraft fees, unprofessional behavior from XXXXXXXX XXXX representatives, and deceptive contract terms and language. These actions are also a violation of USC codes 15 U.S. Code 41 and the Gramm-Leach-Bliley Act, which requires financial institutions to safeguard their customers ' personal information. 
I would like to urge your company to take immediate action to remedy my accounts and provide me with monetary relief for the damages I have incurred. I am also requesting that you provide me with documentation that supports the claims made against me, as well as evidence of the credit card agreement that was allegedly entered into on XX/XX/XXXX. 

Furthermore, I would like to draw your attention to the issue of language fraud, which is a violation of USC 18 1343. Your company has created a security in my name and made an XXXX out of my name without my knowledge or consent. This is a clear violation of my rights and is a form of language fraud. 


USC Codes related to my case : 1. USC 15 1692 et seq.

2. USC 12 5536 3. USC 15 U.S. Code 41 4. Gramm-Leach-Bliley Act 5. USC 18 1343 I have recently discovered that XXXXXXXX XXXX has created a security in my name and made an XXXX out of my name, XXXX XXXX XXXX, without my knowledge or consent. This is a clear violation of the U.S. Code, specifically USC Title 15, Chapter 2D, Section 78c, which defines what constitutes a security. It is also a violation of my privacy and personal rights. 

As a valued customer of XXXXXXXX XXXX, I expect transparency and respect when it comes to my personal information and financial accounts. It is concerning to me that this security was created without my knowledge or consent, and I request immediate action to remedy this situation. 

I kindly ask that you provide me with a detailed explanation of how this security was created and what steps will be taken to correct this issue. Additionally, I request that you provide me with any and all documentation related to this security and LLC. 
I trust that you will take this matter seriously and work to resolve this issue in a timely and efficient manner. Thank you for your attention to this matter. 

I have not given consent for XXXXXXXX XXXX  to share my personal information with third-party companies, yet I have received numerous calls and emails from companies claiming to have received my information from XXXX XXXX  XXXX This is a clear violation of the Gramm-Leach-Bliley Act ( GLBA ), which requires financial institutions to safeguard their customers ' personal information. I have experienced unprofessional behavior from XXXX XXXX representatives. When attempting to resolve issues with my account, I have been met with hostility and condescension. This is not only disrespectful, but it is also a violation of the Fair Debt Collection Practices Act and the Consumer Financial Protection Act. 

Furthermore, I have been provided with deceptive contract terms and language. The terms and conditions presented to me were confusing and intentionally misleading. 
This violates USC codes 15 U.S. Code 41, which prohibits unfair or deceptive acts or practices in commerce. 

Overall, these actions by XXXXXXXX XXXX have caused significant harm to me and my financial situation, and I urge the CFPB to take swift action against them. I request that the CFPB hold XXXX XXXX accountable for violating the EFTA, TISA, FDCPA, CFPA, USC 15 U.S. Code 41, and GLBA. Additionally, I request that I receive monetary relief and account remedy for the harm caused to me and my family. 
XXXX XXXX XXXX XXXX I am writing to express my deep concern regarding the treatment I have received from your company. Despite my efforts to remedy the issues with my account, I have not received any satisfactory resolution. I have contacted your company via certified mail on two separate occasions, yet I have not received any response or action regarding my concerns. 

Furthermore, I have requested debt validation and acceptance for value and counteroffer/claim for proof of claim, but your company has failed to provide me with any evidence or documentation to support their claims against me. This is a clear violation of the Fair Debt Collection Practices Act and the Consumer Financial Protection Act.

Company response to consumer: Closed with explanation