Consumer complaint received 2024-01-28 00:00:00
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.
State: IL

Complaint narrative:
The Privacy Act of XXXX, as amended, 5 U.S.C. 552a, establishes a code of fair information practices that governs the collection, maintenance, use, and dissemination of information about individuals that is maintained in systems of records by federal agencies. A system of records is a group of records under the control of an agency from which information is retrieved by the name of the individual or by some identifier assigned to the individual. The Privacy Act requires that agencies give the public notice of their systems of records by publication in the Federal Register. Click here to see a list of DOJ systems of records and their Federal Register citations. The Privacy Act prohibits the disclosure of a record about an individual from a system of records absent the written consent of the individual, unless the disclosure is pursuant to one of twelve statutory exceptions. The Act also provides individuals with a means by which to seek access to and amendment of their records, and sets forth various agency record-keeping requirements. CFR Part 313 - PART 313PRIVACY OF CONSUMER FINANCIAL INFORMATION 16 CFR 313.1 - Purpose and scope. 313.1 Purpose and scope.

( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution in specified circumstances to provide notice to customers about its privacy policies and practices ; ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in 313.13, 313.14, and 313.15.

( b ) Scope. This part applies only to nonpublic personal information about individuals who obtain financial products or services primarily for personal, family or household purposes from the institutions listed below. This part does not apply to information about companies or about individuals who obtain financial products or services for business, commercial, or agricultural purposes. This part applies to those financial institutions over which the Federal Trade Commission ( Commission ) has rulemaking authority pursuant to section 504 ( a ) ( 1 ) ( C ) of the Gramm-Leach-Bliley Act. An entity is a financial institution if its business is engaging in an activity that is financial in nature or incidental to such financial activities as described in section 4 ( k ) of the Bank Holding Comp any Act of XXXX, 12 U.S.C. 1843 ( k ), which incorporates activities enumerated by the Federal Reserve Board in 12 CFR 225.28 and 225.86. The financial institutions subject to the Commission 's rulemaking authority are any persons described in 12 U.S.C. 5519 that are predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both. They are referred to in this part as You. Excluded from the coverage of this part are motor vehicle dealers described in 12 U.S.C. 5519 ( b ) that directly extend to consumers retail credit or retail leases involving motor vehicles in which the contract governing such extension of retail credit or retail leases is not routinely assigned to an unaffiliated third party finance or leasing source.

[ 65 FR 33677, XX/XX/XXXX, as amended at 86 FR 70025, XXXX XXXX, XXXX ] 433.2 Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices. 
In connection with any sale or lease of goods or services to consumers, in or affecting commerce as commerce is defined in the Federal Trade Commission Act, it is an unfair or deceptive act or practice within the meaning of section 5 of that Act for a seller, directly or indirectly, to : ( a ) Take or receive a consumer credit contract which fails to contain the following provision in at least ten point, bold face, type : ( b ) Accept, as full or partial payment for such sale or lease, the proceeds of any purchase money loan ( as purchase money loan is defined herein ), unless any consumer credit contract made in connection with such purchase money loan contains the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.16 CFR 433.3 - 433.3 Exemption of sellers taking or receiving open end consumer credit contracts before XX/XX/XXXX from requirements of 433.2 ( a ). 
( a ) Any seller who has taken or received an open end consumer credit contract before XX/XX/XXXX, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses. 
( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1.

( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended.

( 3 ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit.

( 4 ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract. Since the unauthorized closing of my XXXX, XXXX, XXXX, XXXX XXXX XXXXXXXX accounts closed I have not been stressful & hard to take care of my kids & pay my bills. I've tried applying for a home through XXXX XXXXXXXX & been denied. Ive tried so hard to keep up with my bills and personal well being but do to these false accusations I am not able to move further into bettering me and my family life. Do to the reporting on these third party site that I DID NOT consent to XXXX XXXX XXXX  XXXX, XXXX, XXXX and XXXX

Company response to consumer: Closed with explanation