Consumer complaint received 2024-07-05 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: OH

Complaint narrative:
According to the Fair Credit Reporting Act, 15 USC 1681 section 602 states, There is a need to insure that consumer reporting agencies exercise their grave responsibilities for fairness, impartiality, and a respect for the consumers right to privacy. XXXX, XXXX and XXXX are consumer reporting agencies and I am the Consumer. I have the right to make sure my private information isnt 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 information. LVNV FUNDING & XXXXXXXX XXXX XXXX  are Financial Institutions by definition under that title. Pursuant to 15 USC 1681a, ( 2 ) Exclusions : ( A ) ( I ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Reporting Transaction history is illegal. Per 15 USC 1681b Permissible purposes of consumer reports -In accordance with the written instructions of the consumer to whom it relates. I never gave written instructions authorizing the creditor to send my personal information to any credit bureau. The Creditor did not get my consent to add anything to my consumer report, which is a violation of the Fair Credit Reporting Act. -P.L . 90-321 ( 82 Stat. 146 ), states that any agency can only get my consumer report in response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ). 15 USC 1681 section 604 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 + XXXX XXXX XXXX are financial institutions and the Consumer reporting agencies XXXX, 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 and XXXX ; Also LVNV FUNDING & XXXX XXXX XXXX  whether it be verbal, non-verbal, written, implied or otherwise is revoked. 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 & XXXXXXXX XXXX XXXX XXXXXXXX, XXXX, and 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. These accounts are adverse items they are reporting again without my permission which is against the law. 15 USC 1681s 2 ( A ) ( 1 ) states, A person shall not furnish any information relating to a consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 15 USC 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. XXXX XXXX XXXX and LVNV FUNDING are not maintaining reasonable procedures. This debt has been Charged-Off by the Original creditor, which means, that the debt has been paid and is considered income. Since a Charge-Off is considered Income, it has to be removed. Income can not be reported on credit files. Also 12 CFR 1016.7 states that A consumer may exercise the right to opt out at any time.

Company response to consumer: Closed with explanation