Consumer complaint received 2024-08-16
Product: Debt collection — Credit card debt
Issue: Written notification about debt — Didn't receive notice of right to dispute
Company: Resurgent Capital Services L.P. (NY)

Subject : Unauthorized Reporting to Credit Report Without Written Consent Dear XX/XX/XXXX, I am writing to formally complain about the unauthorized reporting of information to my credit report by your company. Under the Fair Credit Reporting Act ( FCRA ), it is my understanding that no entity may furnish any information about my credit history to credit reporting agencies without my explicit written consent. Per 15 U.S. Code 6802 - Obligations ( 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 ) Opt out ( 1 ) In generalAfinancial institutionmay not disclosenonpublic personal informationto anonaffiliated third partyunless ( A ) suchfinancial institutionclearly and conspicuously discloses to theconsumer, in writing or in electronic form or other form permitted by the regulations prescribed undersection 6804 of this title, that such information may be disclosed to such third party ; ( 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. 

17 CFR 248.123 - Contents of opt out notice ; consolidated and equivalent notices.

248.123 Contents of opt out notice ; consolidated and equivalent notices.

( a ) Contents of opt out notice ( 1 ) In general.A notice must be clear, conspicuous, andconcise, and must accurately disclose : ( vii ) A reasonable and simple method for theconsumerto opt out. 

( XXXX ) Joint relationships. 

( i ) If XXXX or moreconsumersjointly obtain a product or service, a single opt out notice may be provided to the jointconsumers. Any of the jointconsumersmay exercise the right to opt out.

( ii ) The opt out notice must explain how an opt out direction by a jointconsumerwill be treated. An opt out direction by a jointconsumermay be treated as applying to all of the associated joint consumers, or each jointconsumermay be permitted to opt out separately. If each jointconsumeris permitted to opt out separately, one of the jointconsumersmust be permitted to opt out on behalf of all of the jointconsumersand the jointconsumersmust be permitted to exercise their separate rights to opt out in a single response. 

( iii ) It is impermissible to require all jointconsumersto opt out before implementing any opt out direction. 

( XXXX ) Alternative contents.If theconsumeris afforded a broader right to opt out of receiving marketing than is required by this subpart, the requirements of this section may be satisfied by providing theconsumerwith a clear, conspicuous, andconcisenotice that accurately discloses theconsumer 's opt out rights.

1st of all did not permission to you in writing nor electronically to report to me credit so your company is in violation of these Codes & Registries.. 

Failure to address this matter promptly will leave me with no option but to pursue further legal action to protect my rights. I expect a written response from your company within 30 days, confirming that these issues have been resolved. 

Thank you for your immediate attention to this issue. 


Thanks XXXX XXXX Under the XXXX Code consumers must be notified clearly & conspicuously that they may opt out of having anything reported on their credit no such steps where taking neither did I give consent for this company to report anything