Consumer complaint received 2024-07-09
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: Resurgent Capital Services L.P. (CA)

To Whom It May Concern, I hope this complaint finds you well, because I am not doing well. I am stressed out and extremely frustrated. I am writing to verify that the negative accounts on my credit report are not mine. I dont know where they came from, and there is no need to ask for validation. 
Complaint Details : I have no legally enforceable contracts or affiliations with these accounts or companies. I did not authorize these inquiries, accounts, or the posting of fraudulent personal information on my credit report. Including multiple violations of the Fair Credit Reporting Act and consumer law processes designed to protect me from illegal and unethical reporting. I expect that you thoroughly investigate that EVERY NECESSARY STEP AND PROCEDURE WAS COMPLETED BEFORE RESPONDING TO ME. IF NOT, YOU ARE OBLIGATED TO REMOVE EVERY ACCOUNT LISTED IMMEDIATELY. Consider the Fair Credit Reporting Act ( 15 U.S.C. 1681b, 1681c-2, and 18 U.S.C. 1028A ), which requires you to remove all of these inaccurate items from my credit report for legitimate purposes and aggravated identity theft. TAKE NOTE THAT I DID NOT AUTHORIZE THESE ACTIVITIES, AND LEGALLY REQUIRED REGULATION STEPS WERE NOT FOLLOWED. I will fight to have these violations corrected. 
15 U.S.C. 1681b - Permissible Purposes of Consumer Reports Law and Quote : " 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. '' Explanation : The law explicitly states that a consumer report can only be furnished with the consumer 's written instructions. I did not provide written authorization for these inquiries and accounts to appear on my credit report. Therefore, the presence of this information is a violation of my rights under the FCRA. 
15 U.S.C. 1681c-2 - Block of Information Resulting from Identity Theft Law and Quote : " A consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency of ( XXXX ) appropriate proof of the identity of the consumer ; ( XXXX ) a copy of an identity theft report ; ( XXXX ) the identification of such information by the consumer ; and ( XXXX ) a statement by the consumer that the information is not information relating to any transaction by the consumer. '' Explanation : According to this law, any information on my credit report resulting from identity theft must be blocked within four business days upon receipt of the necessary documentation. I have provided proof that these accounts and inquiries are not related to any transaction I have conducted. Therefore, you are obligated to remove this information from my report. 
18 U.S.C. 1028A - Aggravated Identity Theft Law and Quote : " Whoever, during and in relation to any felony violation enumerated in subsection ( c ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years. '' Explanation : This law addresses the severe penalties associated with aggravated identity theft. The unauthorized inquiries and accounts on my credit report suggest that my identity has been used without my consent. This constitutes aggravated identity theft, and you are required by law to remove all inaccurate information immediately. 
Additional Allegations : " These late payments violate 15 U.S. Code 1681a - Definitions ; rules of construction ( XXXX ) Exclusions.Except as provided in paragraph ( XXXX ), the term 'consumer report ' does not include ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report. My transactions and experiences with your company are excluded from the consumer report. You have no right to furnish my transactions and experiences when the law clearly states that this information is excluded from my consumer reports. '' Law and Quote : " The term 'consumer report ' does not include ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report. '' Explanation : My transactions and experiences with your company are explicitly excluded from the consumer report by law. Therefore, you have no right to furnish this information. Your inclusion of this data is a clear violation of my rights under the FCRA. 
" The only way a creditor can treat a payment as late falls under 15 U.S. Code 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 order for any creditor to treat a payment as late you must prove that : The information required under 15 USC 1637 ( b ) of this title was mailed out or delivered 21 days before the payment due date. '' Law and Quote : " 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. '' Explanation : For any payment to be considered late, you must prove that the required information was mailed or delivered 21 days before the due date. Without this proof, you can not legally treat my payments as late. Therefore, you are in violation of this provision. 
" 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( a ) Duty of furnishers of information to provide accurate information. Prohibition ( A ) Reporting information with actual knowledge of errors. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. '' Law and Quote : " A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. '' Explanation : You have a legal duty to ensure that the information you report is accurate. Reporting information that you know or have reason to believe is inaccurate is a violation of this duty. You are prohibited by law from furnishing inaccurate information. 
" The reporting of such inaccurate information has caused severe damage to my character, my reputation, my general mode of living and my ability to obtain credit for personal and household purposes. You and your inaccurate reporting have damaged my livelihood. '' " Even if you didn't receive a Form XXXX, you must report canceled debt as gross income on your tax return. The IRS clearly defines a charge-off as gross or ordinary income. Income does not get reported on the consumer report, which in fact makes your reporting of this account inaccurate! '' Law and Quote : " The lender must file Form XXXX and send you a copy if the amount of debt canceled is {$600.00} or more and the lender is a financial institution, credit union XXXX federal government agency, or other applicable entity. '' Explanation : The IRS defines a charge-off as income, not debt. Reporting it as debt is inaccurate. You are required to file Form XXXX for canceled debt and provide a copy to me. Your failure to comply with this requirement further demonstrates the inaccuracy of your reporting. 
" The Truth in Lending Act 15 U.S.C. 1605 ( a ) - Determination of the Finance Charge ( XXXX ) Premium or other charge for any guarantee or insurance protecting the creditor against the obligors default or other credit loss. '' Law and Quote : " Premium or other charge for any guarantee or insurance protecting the creditor against the obligors default or other credit loss. '' Explanation : There is an insurance premium built into the finance charge that protects the creditor against default. Reporting a charge-off when you have collected insurance money is fraudulent. You have already been compensated for this alleged debt through insurance and possibly tax deductions. Your continued reporting of this debt is inaccurate and misleading.