Consumer complaint received 2024-04-27
Product: Debt collection — Other debt
Issue: Took or threatened to take negative or legal action — Threatened or suggested your credit would be damaged
Company: Resurgent Capital Services L.P. (NY)

On XX/XX/XXXX you responded to my CFPB Case # : XXXX regarding Account Number : XXXX with the following regarding the referenced account ( the Account ). LVNV Funding LLC ( the Current Owner ) currently owns the Account, having acquired it on XX/XX/XXXX. Resurgent Capital Services L.P. ( Resurgent ) is the servicer of the Account. 

With its purchase of the Account, the Current Owner acquired all ownership rights, including the rights to collect on the Account and to report to the credit bureaus, if eligible. Currently, this Account is being reported to the credit bureaus on behalf of the Current Owner. In accordance with the Fair Credit Reporting Act, the Current Owners tradeline for this Account is being reported as disputed to the credit bureaus. It will continue to report as such throughout the permissible reporting period unless new information indicates that the dispute should be removed The promissory notes states 2. Credit Reports . You hereby authorize us ( and our service providers ) to obtain consumer reports ( also called credit reports ) and related information about you from one or more consumer reporting agencies. We may also obtain additional consumer reports at any time in connection with the origination, servicing, administration, collection, or enforcement of the loan The promissory notes states 14. Collection & Reporting of Delinquent Loans. You agree to pay all costs of collecting any delinquent payments, as permitted by applicable law, including, if we file suit in court, reasonable attorneys ' fees for an attorney who is not our salaried employee. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. 

I did not give you written instructions to furnish my information, and if your going based off the promissory note signed i did not give XXXX XXXX XXXX  written consent to furnish my information, based of the sections quoted above regarding credit reports, there is not clear indication that YOU WILL report my information to the credit bureaus instead you stated you MAY report LVNV Funding LLC, Resurgent Capital Services L.P. you are not a Furnisher of information, in fact pursuant to 12 CFR 1022.41 ( c ) ( 2 ) you can not be a Furnisher because you acting as consumer reporting agency as defined pursuant to 603 ( f ) of the FCRA, My Identifying information pursuant to 12 CFR 1022.3 ( g ) ( 1 ) which is my name social security number, government identification number date of birth, pursuant to 12 CFR 1022.3 ( g ) 3 ) my account number which is a unique electronic identification number Used To identify me the consumer specifically, in conjunction with information regarding my transactions and experiences, which would be a consumer report pursuant to 603. ( d ) ( 1 ) ( A ) of the FCRA making you LVNV Funding LLC, Resurgent Capital Services L.P. a consumer reporting agency due to the fact such information is bearing on my consumer credit worthiness, credit standing, credit capacity, character, general reputation, collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for credit and has a direct reflection on my credit score pursuant to 609 ( f ) ( 2 ) ( A ) ( i ) My evidence supports my claims to be factual is the following writing from governmental enforcement agencies https : //www.ftc.govXXXX  A consumers credit reporting file contains a variety of information about the person and about how well he/she has managed credit in the past. First, the file contains basic information such as the persons name, date of birth, address, and Social Security Number ( SSN ). The SSN is extremely important because it allows the credit bureaus to uniquely identify an individual consumer. When creditors report new information about consumers to the credit bureaus, they generally use the SSN as a designator to indicate the individual person to whom the new information relates. 
2 Next, the file includes information about money which the consumer has borrowed or ( as with credit cards ) can borrow in the future from a given lender. The file will list the name of the lender, the original amount of the loan, the type of the loan ( for example, a car loan, mortgage for a house, or a credit card ), and how much money the consumer still owes on that loan. This section also provides details on a consumers payment history, which helps potential lenders estimate how likely the consumer is to pay back the full amount of a loan on time. Consumers who habitually pay late or do not pay back all of the money they owe are usually considered to be poor credit risks, and lenders in the future are less likely to offer them more credit. 

https : //www.ftc.govXXXX XXXX. REPORT CONCERNING A CONSUMERS ATTRIBUTES AND HISTORY A. General. A consumer report is a report on a consumer to be used for certain purposes involving that consumer. Information that does not identify a specific consumer does not constitute a consumer report even if the communication is used in part to determine eligibility. For example, a communication that flags a specific Internet transaction as potentially fraudulent based on comparison to aggregate data about Internet transactions ( e.g., timeof-day activity, geographic location, amount of the transaction, etc. ), without reference to an individual consumer, is not a consumer report. However, information may constitute a consumer report even if it does not identify the consumer by name if it could otherwise reasonably be linked to the consumer. 

According to the FTC https : //www.ftc.gov/XXXX Section 604 ( a ) ( 2 ) allows CRAs to furnish consumer reports in accord with the written instructions of the consumer to whom it relates.

1. CONSUMER INSTRUCTION A consumers written consent qualifies as an instruction that provides a permissible purpose under this section if it clearly authorizes the issuance of a consumer report on that consumer. 

For example, a consumers clear and specific written statement that I authorize you to procure a consumer report on me provides a permissible purpose under this section. However, the consumers signature on a form that includes the statement I understand that where appropriate, credit bureau reports may be obtained is not a sufficiently specific instruction from the consumer to authorize a CRA to provide a consumer report. This language is more in the nature of a notification that a consumer report might be procured, as opposed to a grant of permission to obtain the consumer report. 

2. WRITTEN AUTHORIZATION A consumer may transmit written authorization electronically or by facsimile, in addition to regular mail or in person.111 The Electronic Signatures in Global and National Commerce Act ( ESIGN ) ( 15 U.S.C. 7001 et seq., Public Law 106-229 ; XX/XX/XXXX ) provides that a consumers consent is not invalid merely because it is communicated in electronic form. A consumers electronic signature may be an acceptable method of providing written instructions under the FCRA. To be valid under the ESIGN Act, electronic authorization must be in a form that can be retained and retrieved in a perceivable form. Whether an e-mail, a mouse click yes, or other electronic means clearly conveys the consumers instructions depends on the specific facts. 

The FTC states that all companies when sending consumer information to the credit bureaus The SSN is extremely important because it allows the credit bureaus to uniquely identify an individual consumer When creditors report new information about consumers to the credit bureaus, they generally use the SSN as a designator to indicate the individual person to whom the new information relates '' Information that does not identify a specific consumer does not constitute a consumer report However, information may constitute a consumer report even if it does not identify the consumer by name if it could otherwise reasonably be linked to the consumer. 
I have reason to believe and do so the information you are claiming to have authority to share in consider a consumer report, and your acting as consumer reporting agency furnishing that information to other consumer reporting agencies, being that you are acting as a consumer reporting agencies you must have permissible purpose to furnish a report on the behalf of a consumer, and being that you dont have written instructions form i the consumer to furnish my information you are in violation of the FCRA , as well as contacting me holds you in violation of the FDCPA, i am demanding you to remove my information from the credit bureaus you have shared my information with such as but not limited to XXXX XXXX and XXXX I the consumer pursuant to 15 usc 1692c ( d ), Pursuant to 15 usc 1692c ( c ) i am refusing to pay this debt and demanding you to cease all communications pursuant to 15 usc 1692a communications means the conveying of information regarding a debt directly or indirectly to any person through any medium including any and all including consumer reports, consumer reporting agency, debt collectors, family, friends, associates , social media Pursuant to 15 usc 1692c ( c ) ( 2 ) i am invoking my specified remedy as the creditor who created this debt, Pursuant to 15 usc 1692c ( c ) ( 1 ) i am demanding you to terminate all debt collections efforts send account back to creditor notification shall be complete upon receipt of letter With Explicit Reservation of all Right, Without Prejudice UCC 1-308. 
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