Consumer complaint received 2024-04-06
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: Resurgent Capital Services L.P. (NC)

I have disputed two accounts on my XXXX report belonging to LVNV funding. This company sold my alleged debts to two different debt collectors. These debt collectors were trying to collect from me at the same time. Under the FCRA, it is stated that a company must get in writing that they are able to sell two more than one debt collector at a time. I notified XXXX  of this. The companies that were trying to collect for LVNV funding are XXXX XXXX XXXX and resurgent capital services. Prior to the time of dispute, both accounts were active. I was able to go on each companies website and make a payment as well as see my account information. Balances, dates, and account numbers were duplicated for each entity. My first time disputing this information, it came back as verified and accurate. After this result I proceeded to do further investigation into these accounts. I realized that XXXX XXXX XXXX, Resurgent capital services, and LVNV funding were not notified of my previous dispute, and were still active during the time of investigation. Mainly, XXXX XXXX XXXX continued to seek compensation from me during this time. This reflects an immense lack of communication between the credit reporting agencies and to whom which the allegation is being placed upon. 
These two accounts are still on my credit report. I disputed these accounts for a second time and sent that letter out XX/XX/XXXX. This letter was sent out certified mail, and if needed I am able to provide the confirmation number. 
The first account was disputed for never being noted on my credit report as disputed. As well as being owned by multiple debt collectors and being active during the time of investigation. 
The second account was disputed for being owned by multiple debt collectors and being active during the time of investigation. The second account was also not listed on my XXXX report. Which also shows an immense lack of communication between credit reporting agencies. 
Within this investigation, there have been several FCRA violations. During the time of investigation for my most recent letter sent out XX/XX/XXXX ( 2024 ), I received three letters from resurgent capital services. The letter reads as follows ; this letter is in response to a recent notification regarding identity theft or fraudulent charges recently received either directly or from XXXX XXXX XXXX the current servicer of this account. 
I responded to the letter and notified them that my dispute, both times, did not pertain to anything regarding identity theft or fraudulent charges. I explained to them in this letter that although they are saying, XXXX XXXX XXXX is my current servicer, my accounts are still open and active on their website. Not only that but the three letters that they had sent out were sent to an incorrect address. These letters were returned to the mail office, and then sent to my correct address. I informed them that by sending my information out to an incorrect address was a violation of CFPB 1022.82 labeled under duties of users regarding address discrepancies. I asked them to delete all ties to my alleged debt accounts and their company. 
During this entire investigation XXXX XXXX XXXX and resurgent capital services were both misinformed by XXXX. 
When my investigation results came back this time everything came back verified and accurate, and still remains on my credit report. The address that resurgent capital services sent my mail to is also on my XXXX report. This is an address I have never resided at and attempted to dispute on my XXXX report and was denied. 

I also disputed two student loans. 
In my dispute I explained that the accounts are currently open, but after further investigation of these accounts, I came to a realization that the US Department of Education is in violation of 15 USC 6802 - Obligations with respect to disclosures of personal information. 
it is stated in this statute : A financial institution may not disclose non-public personal information to a non-affiliated third party unless such financial institution clearly and conspicuously discloses to the consumer in writing or an electronic form or other form permitted by the regulations prescribed under Section 6804 of this title that such information may be disclosed to such third party, etc. 
I, the consumer, never signed any electronic disclosure nor gave my written consent for my information to be shared with a third party loan servicer and/or data furnisher. I have the right to opt out of having my information disclosed. I have received no disclosure pertaining to having my information being sold to a third party. In this case, the third party is XXXX. In all, I was supposed to receive three disclosures. I never got the first disclosure pertaining to having my information sold to a third party. I never got a second disclosure pertaining to being able to opt out of having my information shared nor did I receive the third disclosure explaining how I am able to exercise my right of the non-disclosure. 
These two student loans also remain active on my XXXX report. 
As a consumer, I have the right to challenge anything that is being reported on my consumer report. With that being said, I am challenging experience findings of these accounts, as verified and accurate.