Consumer complaint received 2024-08-25
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt was already discharged in bankruptcy and is no longer owed
Company: Resurgent Capital Services L.P. (ND)

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ; CFPB Case # : XXXX Account Number : XXXX Original Creditor : XXXX XXXX XXXX  XXXX XXXX XXXX : XXXX Dear Sirs/Madams, This letter is in response to the Consumer Financial Protection Bureau ( CFPB ) response received from LVNV Funding LLC / Resurgent Capital Services L.P. ( Resurgent ) and additional violations per the privacy act of 1974, CFR 'S and USC 's.

OPT OUT I gave LVNV Funding LLC / Resurgent Capital Services L.P. notice that I was opting out of there reporting services and yet they are still reporting. ( PLEASE SEE ATTACHED ) 16 CFR 313.7 Form of opt out notice to consumers ; opt out methods, 15 U.S. Code 6802 Obligations with respect to disclosures of personal information and THE Privacy Act Of 1974 ( a ) Notice requirements Except as otherwise provided in this subchapter, afinancial institutionmay not, directly or through anyaffiliate, disclose to anonaffiliated third partyanynonpublic personal information, unless suchfinancial institutionprovides or has provided to theconsumera notice that complies withsection 6803 of this title.

( B ) theconsumeris 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 ) theconsumeris given an explanation of how theconsumercan exercise that nondisclosure option.

( f ) Continuing right to opt out.A consumer may exercise the right to opt out at any time.

I was never given an option to exercise my right to a nondisclosure and when I expressed my right it was ignored as they are still reporting ( please see attached ) VIOLATIONS per LVNV Funding LLC/ Resurgent Capital Services L.P. Privacy notice ( please see attached ) They state the Resurgent Companies and state they do not share with third parties. 
XXXX, XXXX and XXXX are all third party companies to them and yet there are sharing my information to all of the on a monthly basis. These actions constitute violations of there privacy notice and the privacy act of 1974.

604. Permissible purposes of consumer reports [ 15 U.S.C. 1681b ] ( 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.

Which leads me to the fact that it is illegal to report transaction history per 15 usc 1681b, 603 subsection ( 2 ) Exclusions. Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 624, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; LVNV Funding LLC/ Resurgent Capital Services L.P. Is in violation on multiple occasions. I never gave any written permission.

When a debt has been sold to a third paty debt collector or charged off it is considered a certificate of indebtedness which goes along with a 1099-c, the cancellation of a debt ( please see the attached 1099-c from XXXX ) this debt has been cancled via 1099, charged off and sold to LVNV Funding LLC/ Resurgent Capital Services L.P . There response to my complaint proves it was charged off and that they purchased it from XXXX ( please see attached ) A charge off is considered a certificate of indebtedness and per IRS PUBLICATION 4681, A certificate of indebtedness is considered income. Income can not be reported to my credit report and must be removed. ANOTHER VIOLATION