Consumer complaint received 2024-01-16
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. (CA)

Resurgent receivables LLC & XXXX XXXX XXXX  is violation of multiple laws set forth by congress in regards to the following account XXXX 15 U.S.code 1681 A states that a consumer report does not include information solely as to transactions or experiences ( PAYMENT HISTORY, CHARGE OFF ) between the consumer ( myself ) and the person ( RESURGENT RECEIVABLES & XXXX XXXX XXXX  ) making the report Additionally,15 U.S.code s-2 ( a ) ( 1 ) ( A ) states that a person ( RESURGENT RECEIVABLES & XXXX XXXX XXXX  ) shall not furnish any information relating to a consumer ( ME ) to any consumer reporting agency if the person Knows or has reasonable cause to believe that the information is inaccurate ( RESURGENT RECEIVABLES & XXXX XXXX XXXX  ) can not collect on a discharged debt this is now considered a certificate of indebtedness per the IRS and income can not be reported The iRS clearly defines a charge off as gross or ordinary income, INCOME DOES NOT GET REPORTED ON THE CONSUMER REPORT. I provided a screenshot shot from the its website by definition, the IRS Clearly says a Cancelled debt or charge off is income The reporting of this account is inaccurate. I never received a 1099C from ( RESURGENT RECEIVABLES & OR XXXX  XXXX XXXX  ) where is my 1099C from ( RESURGENT RECEIVABLES & OR XXXX  XXXX XXXX  ) Both companies are clearly writing off debt with IRS without sending out 1099C as required by the IRS for debts greater then XXXX $ Also Clear violation of XXXX  XXXX terms and conditions they agreed not to share my information with non affiliates. XXXX, XXXX, and XXXX & ( RESURGENT RECEIVABLES ) not an affiliate of ( XXXX  XXXX XXXX  ) nor are they " bureaus ''. The only true credit bureau is the CFPB and they DO NOT furnish consumer reports as stated in federal law. I have a right to privacy and Per the Privacy Act of 1974 as a federally protected consumer I am now revoking any and all authorization I the consumer may have given you written, non written, verbal, and nonverbal per 5 U.S. Code 552a. Per the FCRA as a federally protected consumer I am now opting out of any and all authorization I the consumer may have given you written, non written, verbal, and non verbal per 15 USC 6802. I shall also point out their responsibility pursuant 15 U.S. Code section 1681s-2 ( a ) ( 1 ) ( B ) ( ii ) : ( a ) DUTY OF FURNISHERS OF INFORMATION TO PROVIDE ACCURATE INFORMATION 1 ) PROHIBITION ( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate ; and ( ii ) the information is, in fact, inaccurate.

313.7 Form of opt out notice to consumers ; opt out methods. 
( a ) ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 313.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right. 
( 2 ) Examples ( i ) Adequate opt out notice. You provide adequate notice that the consumer can opt out of the disclosure of nonpublic personal information to a nonaffiliated third party if you : ( A ) Identify all of the categories of nonpublic personal information that you disclose or reserve the right to disclose, and all of the categories of nonaffiliated third parties to which you disclose the information, as described in 313.6 ( a ) ( 2 ) and ( 3 ) and state that the consumer can opt out of the disclosure of that information; and ( B ) Identify the financial products or services that the consumer obtains from you, either singly or jointly, to which the opt out direction would apply. 
( ii ) Reasonable opt out means. You provide a reasonable means to exercise an opt out right if you : ( A ) Designate check-off boxes in a prominent position on the relevant forms with the opt out notice ; ( B ) Include a reply form that includes the address to which the form should be mailed ; or ( C ) Provide an electronic means to opt out, such as a form that can be sent via electronic mail or a process at your web site, if the consumer agrees to the electronic delivery of information ; or ( D ) Provide a toll-free telephone number that consumers may call to opt out.

( iii ) Unreasonable opt out means. You do not provide a reasonable means of opting out if : ( A ) The only means of opting out is for the consumer to write his or her own letter to exercise that opt out right; or ( B ) The only means of opting out as described in any notice subsequent to the initial notice is to use a check-off box that you provided with the initial notice but did not include with the subsequent notice. 
( iv ) Specific opt out means. You may require each consumer to opt out through a specific means, as long as that means is reasonable for that consumer.

( b ) Same form as initial notice permitted. You may provide the opt out notice together with or on the same written or electronic form as the initial notice you provide in accordance with 313.4.

( c ) Initial notice required when opt out notice delivered subsequent to initial notice. If you provide the opt out notice later than required for the initial notice in accordance with 313.4, you must also include a copy of the initial notice with the opt out notice in writing or, if the consumer agrees, electronically. 
( d ) Joint relationships. 
( 1 ) If two or more consumers jointly obtain a financial product or service from you, you may provide a single opt out notice, unless one or more of those consumers requests a separate opt out notice. Your opt out notice must explain how you will treat an opt out direction by a joint consumer ( as explained in paragraph ( d ) ( 5 ) ( ii ) of this section ).

( 2 ) Any of the joint consumers may exercise the right to opt out. You may either : ( i ) Treat an opt out direction by a joint consumer as applying to all of the associated joint consumers; or ( ii ) Permit each joint consumer to opt out separately. 
( 3 ) If you permit each joint consumer to opt out separately, you must permit one of the joint consumers to opt out on behalf of all of the joint consumers.

( 4 ) You may not require all joint consumers to opt out before you implement any opt out direction. 
( XXXX ) Example. If XXXX and XXXX have a joint credit card account with you and arrange for you to send statements to XXXX 's address, you may do any of the following, but you must explain in your opt out notice which opt out policy you will follow : ( i ) Send a single opt out notice to XXXX 's address, but you must accept an opt out direction from either XXXX or XXXX. 
( ii ) Treat an opt out direction by either XXXX or XXXX as applying to the entire account. If you do so, and XXXX opts out, you may not require XXXX to opt out as well before implementing XXXX 's opt out direction. 
( iii ) Permit XXXX and XXXX to make different opt out directions. If you do so, ( A ) You must permit XXXX and XXXX to opt out for each other; ( B ) If both opt out, you must permit both to notify you in a single response ( such as on a form or through a telephone call ) ; and ( C ) If XXXX opts out and XXXX does not, you may only disclose nonpublic personal information about XXXX, but not about XXXX and not about XXXX and XXXX jointly. 
( XXXX ) Time to comply with opt out. You must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it. 
( f ) Continuing right to opt out. A consumer may exercise the right to opt out at any time. 
( g ) Duration of consumer 's opt out direction. 
( 1 ) A consumer 's direction to opt out under this section is effective until the consumer revokes it in writing or, if the consumer agrees, electronically. 
( 2 ) When a customer relationship terminates, the customer 's opt out direction continues to apply to the nonpublic personal information that you collected during or related to that relationship. If the individual subsequently establishes a new customer relationship with you, the opt out direction that applied to the former relationship does not apply to the new relationship. 
( h ) Delivery. When you are required to deliver an opt out notice by this section, you must deliver it according to 313.9. 
( i ) Model privacy form. Pursuant to 313.2 ( a ) of this part, a model privacy form that meets the notice content requirements of this section is included in appendix A of this part. 
[ 65 FR 33677, May 24, 2000, as amended at 74 FR 62966, Dec. 1, 2009 ] 313.8 Revised privacy notices. 
( a ) General rule. Except as otherwise authorized in this part, you must not, directly or through any affiliate, disclose any nonpublic personal information about a consumer to a nonaffiliated third party other than as described in the initial notice that you provided to that consumer under 313.4, unless : ( 1 ) You have provided to the consumer a clear and conspicuous revised notice that accurately describes your policies and practices ; ( 2 ) You have provided to the consumer a new opt out notice ; ( 3 ) You have given the consumer a reasonable opportunity, before you disclose the information to the nonaffiliated third party, to opt out of the disclosure; and ( 4 ) the consumer does not opt out.

( b ) Examples ( 1 ) Except as otherwise permitted by 313.13, 313.14, and 313.15, you must provide a revised notice before you : ( i ) Disclose a new category of nonpublic personal information to any nonaffiliated third party ; ( ii ) Disclose nonpublic personal information to a new category of nonaffiliated third party; or ( iii ) Disclose nonpublic personal information about a former customer to a nonaffiliated third party if that former customer has not had the opportunity to exercise an opt out right regarding that disclosure.

( 2 ) A revised notice is not required if you disclose nonpublic personal information to a new nonaffiliated third party that you adequately described in your prior notice.

( c ) Delivery. When you are required to deliver a revised privacy notice by this section, you must deliver it according to 313.9.

15 usc 6802 obligations with respect to disclosure of personal information ) 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.

15 usc 6803 Disclosure of institution privacy -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 15 U.S. Code 6801 - Protection of nonpublic personal information * U.S. Code * Notes prev |next ( a ) Privacy obligation policy It is the policy of theCongressthat eachfinancial institutionhas an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customersnonpublic personal information. 
( b ) Financial institutions safeguards In furtherance of the policy in subsection ( a ), each agency or authority described insection 6805 ( a ) of this title, other than the Bureau ofConsumerFinancial Protection, shall establish appropriate standards for thefinancial institutionssubject to their jurisdiction relating to administrative, technical, and physical safeguards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer. 

15 U.S. Code 6804 - Rulemaking * U.S. Code * Notes prev|next ( a ) Regulatory authority ( 1 ) Rulemaking ( A ) In general Except as provided in subparagraph ( C ), the Bureau ofConsumerFinancial Protection and theSecurities and Exchange Commissionshall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect tofinancial institutionsand other persons subject to their respective jurisdiction undersection 6805 of this title ( and notwithstanding subtitle B of theConsumer Financial Protection Act of 2010 [ 12 U.S.C. 5511et seq. ] ), except that the Bureau ofConsumerFinancial Protection shall not have authority to prescribe regulations with respect to the standards undersection 6801 of this title. 
( B ) CFTC TheCommodity Futures Trading Commissionshall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect tofinancial institutionsand other persons subject to the jurisdiction of theCommodity Futures Trading Commissionundersection 7b2 of title 7. 
( C ) Federal Trade Commissionauthority Notwithstanding the authority of the Bureau ofConsumerFinancial Protection under subparagraph ( A ), theFederal Trade Commissionshall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to anyfinancial institutionthat is a person described in section 1029 ( a ) of theConsumer Financial Protection Act of 2010 [ 12 U.S.C. 5519 ( a ) ]. 
( D ) Rule of construction Nothing in this paragraph shall be construed to alter, affect, or otherwise limit the authority of aState insurance authorityto adopt regulations to carry out this subchapter. 
( 2 ) Coordination, consistency, and comparability Each of the agencies authorized under paragraph ( 1 ) to prescribe regulations shall consult and coordinate with the other such agencies and, as appropriate, and with [ 1 ] representatives of State insurance authorities designated by the National Association of Insurance Commissioners, for the purpose of assuring, to the extent possible, that the regulations prescribed by each such agency are consistent and comparable with the regulations prescribed by the other such agencies. 
( XXXX ) Procedures and deadline Such regulations shall be prescribed in accordance with applicable requirements of title 5. 
( b ) Authority to grant exceptions The regulations prescribed under subsection ( a ) may include such additional exceptions to subsections ( a ) through ( d ) ofsection 6802 of this titleas are deemed consistent with the purposes of this subchapter.

15 U.S. Code 6805 - Enforcement * U.S. Code * Notes prev|next ( a ) In general Subject to subtitle B of theConsumer Financial Protection Act of 2010 [ 12 U.S.C. 5511et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau ofConsumerFinancial Protection, theFederal functional regulators, the State insurance authorities, and theFederal Trade Commissionwith respect tofinancial institutionsand other persons subject to their jurisdiction under applicable law, as follows : ( 1 ) Undersection 1818 of title 12, by the appropriateFederal banking agency, as defined insection 1813 ( q ) of title 12, in the case of ( A ) national banks, Federal branches and Federal agencies of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( B ) member banks of theFederal Reserve System ( other than national banks ), branches and agencies of foreign banks ( other than Federal branches, Federal agencies, and insured State branches of foreign banks ), commercial lending companies owned or controlled by foreign banks, organizations operating under section 25 or 25A of theFederal Reserve Act [ 12 U.S.C. 601et seq., 611 et seq. ], and bank holding companies and their nonbank subsidiaries oraffiliates ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( C ) banks insured by theFederal Deposit Insurance Corporation ( other than members of theFederal Reserve System ), insured State branches of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; and ( D ) savings associations the deposits of which are insured by theFederal Deposit Insurance Corporation, and any subsidiaries of such savings associations ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ). 
( 2 ) Under theFederal Credit Union Act [ 12 U.S.C. 1751et seq. ], by the Board of theNational Credit Union Administrationwith respect to any federally insured credit union, and any subsidiaries of such an entity.

( 3 ) Under theSecurities Exchange Act of 1934 [ 15 U.S.C. 78aet seq. ], by theSecurities and Exchange Commissionwith respect to any broker or dealer.

( 4 ) Under theInvestment Company Act of 1940 [ 15 U.S.C. 80a1et seq. ], by theSecurities and Exchange Commissionwith respect to investment companies.

( 5 ) Under theInvestment Advisers Act of 1940 [ 15 U.S.C. 80b1et seq. ], by theSecurities and Exchange Commissionwith respect to investment advisers registered with the Commission under such Act.

( 6 ) Under State insurance law, in the case of any person engaged in providing insurance, by the applicableState insurance authorityof the State in which the person is domiciled, subject tosection 6701 of this title.

( 7 ) Under theFederal Trade Commission Act [ 15 U.S.C. 41et seq. ], by theFederal Trade Commissionfor any otherfinancial institutionor other person that is not subject to the jurisdiction of any agency or authority under paragraphs ( 1 ) through ( 6 ) of this subsection.

( 8 ) Under subtitle E of theConsumer Financial Protection Act of 2010 [ 12 U.S.C. 5561et seq. ], by the Bureau ofConsumerFinancial Protection, in the case of anyfinancial institutionand other covered person or service provider that is subject to the jurisdiction of the Bureau and any person subject to this subchapter, but not with respect to the standards undersection 6801 of this title.

( b ) Enforcement of section 6801 ( 1 ) In general Except as provided in paragraph ( 2 ), the agencies and authorities described in subsection ( a ), other than the Bureau ofConsumerFinancial Protection, shall implement the standards prescribed undersection 6801 ( b ) of this titlein the same manner, to the extent practicable, as standards prescribed pursuant tosection 1831p1 ( a ) of title 12are implemented pursuant to such section.

( 2 ) Exception The agencies and authorities described in paragraphs ( 3 ), ( 4 ), ( 5 ), ( 6 ), and ( 7 ) of subsection ( a ) shall implement the standards prescribed undersection 6801 ( b ) of this titleby rule with respect to thefinancial institutionsand other persons subject to their respective jurisdictions under subsection ( a ).

( c ) Absence of State action If aState insurance authorityfails to adopt regulations to carry out this subchapter, such State shall not be eligible to override, pursuant tosection 1831x ( g ) ( 2 ) ( B ) ( iii ) of title 12, the insurance customer protection regulations prescribed by aFederal banking agencyundersection 1831x ( a ) of title 12.

( d ) Definitions The terms used in subsection ( a ) ( 1 ) that are not defined in this subchapter or otherwise defined insection 1813 ( s ) of title 12shall have the same meaning as given insection 3101 of title 12.

15 U.S. Code 6806 - Relation to other provisions * U.S. Code * Notes prev|next Except for the amendments made by subsections ( a ) and ( b ), nothing in this chapter shall be construed to modify, limit, or supersede the operation of theFair Credit Reporting Act [ 15 U.S.C. 1681et seq. ], and no inference shall be drawn on the basis of the provisions of this chapter regarding whether information is transaction or experience information under section 603 of such Act [ 15 U.S.C. 1681a ].

FROM IRS WEBSITE -After a debt is canceled, the creditor may send you a Form 1099-C, Cancellation of Debt showing the amount canceled and date of cancellation. Contact the creditor if you receive a 1099-C reflecting incorrect information. If a creditor continues to attempt to collect the debt after you receive a 1099-C, the debt may not have been canceled and you may not have income from a canceled debt. Verify your specific situation with the creditor. Your responsibility to report the correct taxable amount of canceled debt as income on your tax return for the year in which the cancellation occurred remains, regardless of the accuracy of the Form 1099-C you received.

In general, you must report any taxable amount of a canceled debt as ordinary income on Form 1040, U.S. Individual Income Tax Return, Form 1040-SR, U.S. Tax Return for Seniors or Form 1040-NR, U.S. Nonresident Alien Income Tax Return ( attach Schedule 1 ( Form 1040 ), Additional Income and Adjustments to IncomePDF ) if the debt is a nonbusiness debt, or on an applicable schedule if the debt is a business debt. See Publication 4681.