Consumer complaint received 2023-07-01
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:
FACT, the truth in lending act is intended to inform consumers about the cost of credit. 
FACT, the truth in lending act is intended to protect consumers against abuse and deceit by creditors and I have been abused and deceived so be it. 
FACT, AFFIANT is aware and has proof in attachment labeled as exhibit ( A ) XXXX  Is in violation of 15 USC 1692 ( C ) ( A ) a debt collector may not communicate with a consumer in connection with the collection of any debt.

FACT, AFFIANT is aware and has proof in attachment labeled exhibit ( A ) that XXXX  is in violation of 15 USC 1692 ( B ) ( 2 ) AND ( B ) ( 5 ) AS THESE LAWS APPLY TO ALL CREDIT COLLECTION AGENCIES ALL VIOLATIONS MUST BE ANSWERED FOR 15 USC 1692 D ( 2 ) A debt collector may not engage in any conduct the natural consequence of which is to harass oppress or abuse any person in connection with the collection of a debt without limiting the general application of the foregoing the following conduct is a violation of this section. 
IN TRUTH I XXXX XXXX FEEL OPRESSED AND ABUSED AS LVNV AND ITS AFILIATES HAVE SENT ME 3 LETTERS WITH DIFFERENT AFFILIATES ( 2 ) the use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader 15 USC 1692 b Section ( 2 ) Any debt collector shall not state that such consumer owes any debt. 
Identify, state that he is confirming or correcting location, information concerning the consumer and only if expressly requested identify his employer not state that such consumer owes any debt not communicate with any such person more than once unless requested to do so by such persons or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information not communicate by card Section ( 5 ) not use any language, symbol on any envelope, or in the contents of any communication affected by the mail or telegrams that indicate that the debt collector is in the debt collection business or that the communication relates to the collection of a debt.

15 USC 1692 C ( A ) COMMUNICATION with the consumer without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent authority, a debt collector may not communicate with the consumer in connection with the collection of any debt.

abusive tactics there is abundant evidence of the use of abusive deceptive and unfair debt collection practices by many debt collectors abusive debt collection practices contribute to the number of personal bankruptcies to marital instability to the loss of jobs and to invasions of individual privacy. 
communication and connection with debt collection at any unusual time or place or a time or place known, or which should be known to be inconvenient to the consumer in the absence of knowledge of circumstances to the contrary a debt collector shall assume that the convenient time for communicating with the consumer is afteXXXX XXXX o'clock and before XXXX  o'clock post meridiem.

A debt collection agency shall not come to the consumer or call to the consumers place of employment especially when the debt collector knows or has reason to know that the consumer 's employer prohibits the consumer from receiving such communications.

And for these reasons under the law, you have violated my rights several times. I've never had any contract or have NEVER done business with your company, nor will I ever do business with your company, I ask that you validate this dept I need the date and time this account was opened, all documentation concerning this account, any signatures in my specific hand writing the date closed and the date that this account was charged off also I didnt give you my express written permission to contact the credit bureaus about this account under the FCRA 15 USC 1681 A ( 4 ) THERE IS A NEED TO INSURE THAT CONSUMER REPORTING AGENCIES EXERCISE THEIR GRAVE RESPONSIBILITY WITH FAIRNESS, IMPARTIALITY AND A RESPECT FOR THE CONSUMERS RIGHT TO PRIVACY 15 USC 1681 A permissible purpose of Consumer Reports and the 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 instruction of the consumer to whom it relates. collectors are not allowed to contact third parties to discuss a debt unless they will give him express consent by the debtor the only reason they may legally contact a third party is to attempt to locate the individual who owns the payment they may also not contact repeatedly or harass these third parties you guys at XXXX XXXX XXXX are in clear violation of my rights as a consumer I gave no written instruction two you guys to write anything on my credit report therefore you have 5 business days from the receipt of this affidavit to remove any remarks that you have put on my credit report and delete it expeditiously if you do not remove any remark that you have placed on my consumer report you will have to pay me {$5000.00} for not following the instructions in this affidavit and within those five business days I expect to receive all the documentation regarding this account which is clearly not mine 18 U.S.C 8 OBLIGATION OR OTHER SECURITY OF THE UNTIED STATES DEFINED The term obligation or other security of the United States includes all bonds, certificates of indebtedness, national bank currency , Federal Reserve notes, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States, stamps and other representatives of value, of whatever denomination, issued under any Act of Congress, and canceled United States stamps.

15 U.S.C. 1666b timing of payments ( a ) TIME TO MAKE PAYMENTS A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date. 
In truth I XXXX XXXX have never received any statement in paper I always needed to request a statement and it would be sent electronically through email. 
( b ) GRACE PERIOD If an open end consumer credit plan provides a time period within which an obligor may repay any portion of the credit extended without incurring an additional finance charge, such additional finance charge may not be imposed with respect to such portion of the credit extended for the billing cycle of which such period is a part, unless a statement which includes the amount upon which the finance charge for the period is based was mailed or delivered to the consumer not later than 21 days before the date specified in the statement by which payment must be made in order to avoid imposition of that finance charge. 
There is no such thing as a late payment, the laws are clear on this!

15 U.S.C. 1666d treatment of credit balances.

Whenever a credit balance in excess of {$1.00} is created in connection with a consumer credit transaction through ( 1 ) transmittal of funds to a creditor in excess of the total balance due on an account, ( 2 ) rebates of unearned finance charges or insurance premiums, or ( 3 ) amounts otherwise owed to or held for the benefit of an obligor, the creditor shall ( A ) credit the amount of the credit balance to the consumers account. 
( B ) refund any part of the amount of the remaining credit balance, upon request of the consumer ; and ( C ) make a good faith effort to refund to the consumer by cash, check, or money order any part of the amount of the credit balance remaining in the account for more than six months, except that no further action is required in any case in which the Please explain to me why I am paying for a dept that the United States has already paid as my trustee? I am requesting a full refund on any balances owed for the company 's listed and this affidavit I'm also requesting {$1000.00} for each violation set forth and this affidavit XXXX  XXXX XXXX must pay for every violation of my rights enclosed is the invoice and to send the money for every violation under the fair credit reporting act all balances for any of the companies listing should be returned to me via check to the address listed 15 U.S.C 1692j furnishing certain deceptive forms.

( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. 
( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 1692k of this title for failure to comply with a provision of this subchapter.

( a ) NOTICE REQUIREMENTS Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title.

( b ) OPT OUT ( 1 ) IN GENERAL A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) 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 ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. 
( c ) LIMITS ON REUSE OF INFORMATION Except as otherwise provided in this subchapter, a nonaffiliated third party that receives from a financial institution nonpublic personal information under this section shall not, directly or through an affiliate of such receiving third party, disclose such information to any other person that is a nonaffiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution. 
( d ) LIMITATIONS ON THE SHARING OF ACCOUNT NUMBER INFORMATION FOR MARKETING PURPOSES A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a credit card account, deposit account, or transaction account of a consumer to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer.

( e ) GENERAL EXCEPTIONS Subsections ( a ) and ( b ) shall not prohibit the disclosure of nonpublic personal information ( 1 ) as necessary to effect, administer, or enforce a transaction requested or authorized by the consumer, or in connection with ( A ) servicing or processing a financial product or service requested or authorized by the consumer ; ( B ) maintaining or servicing the consumers account with the financial institution, or with another entity as part of a private label credit card program or other extension of credit on behalf of such entity ; or ( C ) a proposed or actual securitization, secondary market sale ( including sales of servicing rights ), or similar transaction related to a transaction of the consumer ; ( 2 ) with the consent or at the direction of the consumer ; ( 3 ) ( A ) to protect the confidentiality or security of the financial institutions records pertaining to the consumer, the service or product, or the transaction therein ; ( B ) to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability ; ( C ) for required institutional risk control, or for resolving customer disputes or inquiries ; ( D ) to persons holding a legal or beneficial interest relating to the consumer ; or ( E ) to persons acting in a fiduciary or representative capacity on behalf of the consumer ; ( 4 ) to provide information to insurance rate advisory organizations, guaranty funds or agencies, applicable rating agencies of the financial institution, persons assessing the institutions compliance with industry standards, and the institutions attorneys, accountants, and auditors ; ( 5 ) to the extent specifically permitted or required under other provisions of law and in accordance with the Right to Financial Privacy Act of 1978 [ 12 U.S.C. 3401 et seq. ], to law enforcement agencies ( including the Bureau of Consumer Financial Protection [ 1 ] a Federal functional regulator, the Secretary of the Treasury with respect to subchapter II of chapter 53 of title 31, and chapter 2 of title I of Public Law 91508 ( 12 U.S.C. 19511959 ), a State insurance authority, or the Federal Trade Commission ), self-regulatory organizations, or for an investigation on a matter related to public safety ; ( 6 ) ( A ) to a consumer reporting agency in accordance with the Fair Credit Reporting Act [ 15 U.S.C. 1681 et seq. ], or ( B ) from a consumer report reported by a consumer reporting agency ; 15 U.S.C 6803 Disclosure of institution privacy policy ( a ) DISCLOSURE REQUIRED At the time of establishing a customer relationship with a consumer and not less than annually during the continuation of such relationship, a financial institution shall provide a clear and conspicuous disclosure to such consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, of such financial institutions policies and practices with respect to ( 1 ) disclosing nonpublic personal information to affiliates and nonaffiliated third parties, consistent with section 6802 of this title, including the categories of information that may be disclosed ; ( 2 ) disclosing nonpublic personal information of persons who have ceased to be customers of the financial institution ; and ( 3 ) protecting the nonpublic personal information of consumers.

( b ) REGULATIONS Disclosures required by subsection ( a ) shall be made in accordance with the regulations prescribed under section 6804 of this title.

( c ) INFORMATION TO BE INCLUDED The disclosure required by subsection ( a ) shall include ( 1 ) the policies and practices of the institution with respect to disclosing nonpublic personal information to nonaffiliated third parties, other than agents of the institution, consistent with section 6802 of this title, and including ( A ) the categories of persons to whom the information is or may be disclosed, other than the persons to
whom the information may be provided pursuant to section 6802 ( e ) of this title ; and ( B ) the policies and practices of the institution with respect to disclosing of nonpublic personal information of persons who have ceased to be customers of the financial institution ; ( 2 ) the categories of nonpublic personal information that are collected by the financial institution ; ( 3 ) the policies that the institution maintains to protect the confidentiality and security of nonpublic personal information in accordance with section 6801 of this title ; and ( 4 ) the disclosures required, if any, under section 1681a ( d ) ( 2 ) ( A ) ( iii ) of this title.

( d ) EXEMPTION FOR CERTIFIED PUBLIC ACCOUNTANTS ( 1 ) IN GENERAL, the disclosure requirements of subsection ( a ) do not apply to any person, to the extent that the person is ( A ) a certified public accountant.

( B ) certified or licensed for such purpose by a State; and ( C ) subject to any provision of law, rule, or regulation issued by a legislative or regulatory body of the State, including rules of professional conduct or ethics, that prohibits disclosure of nonpublic personal information without the knowing and expressed consent of the consumer. 
The Fair Debt Collection Practices Act ( FDCPA ) is the main federal law that governs debt collection practices. The FDCPA prohibits debt collection companies from using abusive, unfair, or deceptive practices to collect debts from you.

Company response to consumer: Closed with explanation