Consumer complaint received 2024-05-02
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. (TX)

This account has been negatively reported as a collection/charge off on my credit report which is a violation of my rights per 15 USC 1611. I sent LVNV Funding LLC and Resurgent a letter rescinding any and all authorization per the FCRA 15 U.S. Code 6802 and 12 CFR 1016.7 opting out of sharing my information with third parties. XXXX and XXXX are indeed third parties reporting inaccurate information without my permission. 

I do not have an agreement/contract with Resurgent Capital Service L.P or LVNV Funding LLC . Please provide me with the Original Purchase Agreement with my signature along with the payment history and validation that you own the debt and can collect on this account. LVNV Funding LLC and Resurgent Capital Service L.P are not authorized to collect in the state of Texas. Resurgent Capital Services nor LVNV Funding LLC has provided me with an initial privacy notice reflecting their privacy policies and practices which is in violation to 12 CFR 1016.4 Initial privacy notice to consumers required. This also violates the Privacy Act of 1974 and 15 USC 1611.

According to the Fair Credit Reporting Act 15 USC 1681 section 602 a states " There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' XXXX and XXXX are consumer reporting agencies and I am the Consumer. I have the right to make sure my private information isn't shared which is backed by 15 USC 6801 which states " It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. '' XXXX, XXXX, LVNV Funding LLC, Resurgent Capital Service L.P, nor XXXX XXXX XXXX  never informed me of my right to exercise my nondisclosure option. Not only that 15 USC 1681C ( a ) ( 5 ) states '' Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states " 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. 15 U.S. Code 1681e states '' 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. Resurgent Capital Services L.P, LVNV Funding LLC, XXXX and XXXX are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that " A consumer may exercise the right to opt out at any time. '' I have opting out of reporting services. 

I request an immediate deletion of this inaccurate reporting from my credit file as Resurgent Capital Services L.P has failed to provide with the above. This is not accurate reporting according to the Fair Credit Reporting Act and Privacy Act.