Consumer complaint received 2023-01-22
Company: Resurgent Capital Services L.P.
State: NY
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
LVNV is attempting to collect an alleged debt for a credit account I formerly held with XXXX XXXXXXXX XXXX After further research of the laws afforded to me as a federally protected person, LVNV ( a non-affiliate ) and XXXX XXXX XXXX  violated the laws, as afforded to me through federal and state law, for improperly reporting my credit account to the three Credit Reporting Agencies ( CRAs ), [ XXXX ( a non-affiliate ), XXXX ( a non-affiliate ), and XXXX ( a non-affiliate ) ] ; sharing/selling my personal information to and from XXXX XXXX XXXX XXXX LVNV, and the CRAs ( non-affiliates ) without my expressed written consent ; engaging in misrepresentation of facts and abusive practices by alleging and communicating to me that a debt was owed to LVNV on behalf of XXXX XXXX XXXX when in fact LVNV willingly and knowingly purchased the debt from XXXX XXXX XXXX thus nullifying any alleged debt to XXXX XXXX XXXX XXXX and, damaging my credit reports, credit files, credit scores, and credit reporting history by reporting this alleged debt to the CRAs. This also misrepresented my creditworthiness and caused me financial and material damages as it prevented me from obtaining a more favorable credit rating ultimately resulting in me being denied credit, having a lower available credit line, and/or having a higher interest rate on certain lines of credit. The specific violations of law committed by LVNV and XXXX XXXXXXXX XXXX are, but are not limited to : The Privacy Act of 1974 and 15 USC 1681 ( 4 ) which states that I have the right to privacy. UDAAP which was published on the CFPB website based on their investigation and findings of GROSS negligence and violations of consumers rights by consumer reporting agencies, persons, entities, and other business companies and organizations whose regular business is to contract with consumers. 15 USC 1681 which states that there must be a permissible purpose for this information to be shared 15 USC 1681a which provides for the definitions and rules of construction where specifically subsection ( d ) Consumer Report. ( 1 ) In general.The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 1681b of this title. ( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( ii ) communication of that information among persons related by common ownership or affiliated by corporate control ; or ( iii ) communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons ; ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; ( C ) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made, and such person makes the disclosures to the consumer required under section 1681m of this title... 

Both XXXX XXXXXXXX XXXX  and LVNV failed to meet and/or adhere to any of these definitions and violated my federally protected rights when they engaged in a monetary transaction to buy and sell my personal and financial information. 15 USC 1681b which states that there must exist a permissible purpose and that ( a ) In general, subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates. Neither XXXX XXXXXXXX XXXX  nor LVNV obtained my written instructions. 15 U.S. Code 1681q - Obtaining information under false pretenses. LVNV obtained my personal information under false pretenses and/or stole my information from XXXX XXXX XXXX XXXX and/or XXXX XXXX XXXX was negligent in protecting my personal information. This also means that either XXXX XXXX Bank and/or LVNV is in violation of 15 USC 1681r , which is punishable by a fine under title 18 and/or no more than 2 years in prison.! 5 USC 1681 s-3 affiliate sharing. XXXX XXXX XXXX the CRAs, and LVNV have all violated these codes as LVNV and the CRAs are all defined as " non-affiliates '' to XXXX XXXXXXXX XXXX, and one another. None of these companies have/had the legal right to share/sell my information and violated this code. 15 USC 1692b Acquisition of location, under abusive debt practices, states Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall ( 2 ) not state that such consumer owes any debt ; ( 4 ) not communicate by post card ; ( 5 ) not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt. LVNV did violate this code by committing these acts. LVNV also violated 15 USC 1692c ( a ) Communication with the consumer which states that generally, Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt ( b ) Communication with third parties which states ; Except as provided in section 1692b of this title, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector. LVNV ( a non-affiliate ) violated this code when it reported, to the CRAs, my alleged debt with XXXX XXXX XXXX negatively affecting my credit score and overall creditworthiness. LVNV violated 15 U.S. Code 1692e and 15 USC 1681q- False or misleading representations by communicating that they had the legal right to collect any alleged debt on behalf of XXXX XXXX XXXX XXXX LVNV also violated this code by asserting that a debt was still owed to XXXX XXXX XXXX when in fact LVNV purchased the debt making the debt owed to XXXX XXXXXXXX XXXX " void '', " cancelled '', " redeemed '', and/or otherwise " paid in full ''. I had/have no contractual obligation to LVNV and have not, nor am currently engaged in any financial or other transaction with LVNV. Thus LVNV falsely and misleadingly attempted to construct a contract where none existed. LVNV 's purchase of the debt also effectively made it income according to federal law. Thus, LVNV is in violation of not providing me a 1099C to reflect that income. Due to these numerous violations of my federally protected rights, I am seeking federal and state remedies afforded to me under the governing laws and codes against the aforementioned companies.

Company response to consumer: Closed with explanation