Consumer complaint received 2022-09-09
Company: Resurgent Capital Services L.P.
State: IL
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:
On XX/XX/XXXX I sent a Conditional Acceptance Cease & Desist to the registered agent of LVNV Funding LLC ( " LVNV '' ) detailing their actions that harming my consumer reports. I have never given LVNV my permission to use my consumer reports as is required under 15 USC 1681b ( a ) ( 2 ) which states " In accordance with the written instructions of the consumer to whom it relates ''. I also requested proof of that written permission from the company in the event I made a mistake, the company failed to produce any documentation to show they have my written permission. On XX/XX/XXXX, a response was sent from " Resurgent Capital Services '' ( " RCS '' ) further providing proof that the company has no original contract, nor any proof of my written permission to use my consumer reports. This is a violative business practice when a company believes they do not need to have a contract to defame any individuals character. Federal law supersedes any " company policy '' and in the eyes of the court, federal statutes are the mandatory authority. Additionally, this company did not communicate with me prior to sharing my personal information with any non affiliated third party. 15 USC 6802 ( b ) states very clearly LVNV is 100 % required to communicate with me prior to sharing any information with a nonaffiliated third party. LVNV failed to communicate with me prior to doing so. Also, LVNV is indicating that the alleged debt obligation came from a company called " Webbank '' and that company is also reporting a balance on my consumer reports. As seen in XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, et. al ( XX/XX/XXXX ) a company reporting a balance owed on an original debt is sufficiently pled as inaccurate and duplicative credit reporting when such a debt is turned over to a third-party debt collector who also reports the same debt balance on a consumer 's credit file. Not only is this company defaming my character without consent, they are also reporting inaccurately between the credit reporting agencies under 15 USC 1681s-2 ( 2 ). They were notified via the CRA 's that the information was inaccurate and the response from the company was these accounts are " verified ''. Precedent has already been established by the The United States of Appeals, Ninth Circuit, No XXXX XXXX XXXX XXXX XXXX  that the reporting company is 100 % responsible for how the information reports. Lastly, Congress as already stated in the FCRA that inaccurate information must be removed from a consumers credit report. All the essential elements are present for not only defamation of character but extreme negligence on behalf of LVNV. Each of these violations are subject to penalties as described in 15 USC 1681n & 15 USC 1681o and as seen from previous cases of a similar nature, the Plaintiff has also been awarded punitive damages when companies have no permissible purpose. One look at PACER will show this companies long history of harassing consumers. I simply want the violative business practices to cease.

Company response to consumer: Closed with explanation