Consumer complaint received 2024-02-03
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. (GA)

According to 15 USC 1681 section 604 a section 2 states that " In 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 instructions of the consumer to whom it relates. '' LVNV Funding LLC ( owner of the 3 accounts ), Resurgent Capital Services L.P. ( servicer of the XXXX accounts ), and the Consumer reporting agencies XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, XXXX, LVNV Funding LLC ( owner of the 3 accounts ), and Resurgent Capital Services L.P. ( servicer of the 3 accounts ) whether it be verbal, non-verbal, written, implied or otherwise is revoked. Furthermore, 15 USC 6802 ( b ) ( c ) states that " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' LVNV Funding LLC and Resurgent Capital Services L.P. never informed me of my right to exercise my nondisclosure option. LVNV Funding LLC and Resurgent Capital Services L.P. disclosed my information to third-party affiliates XXXX and XXXX without my knowledge or consent and still continue to do so even though they are in direct violation of their own " Terms & Conditions '' ( highlighted on the letter I submitted along with this claim ). As per 15 U.S. Code 1681e - Compliance procedures, subsection ( a ) Identity and purposes of credit users " Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title ; ( b ) Accuracy of report. Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. LVNV Funding LLC and Resurgent Capital Services stated in the letter they sent regarding my previous CFPB complaint ( highlighted ) that only XXXX account was being reported and the other XXXX were not being reported. Yet, on my XXXX and XXXX credit reports, I have two accounts being reported by LVNV Funding LLC ( highlighted ). Lastly, 15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general states ; Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater.