Consumer complaint received 2025-06-02 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: FL

Complaint narrative:
b'There is violation of my privacy rights under 15 U.S.C. 6805 by RESURGENT/LVNV FUNDING . This collection agency has unlawfully accessed and reported my personal information to consumer reporting agencies without my consent, violating my rights under federal law. According to the Fair Credit Reporting Act, 15 U.S.C. 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 XXXX XXXX XXXX XXXX all function as consumer reporting agencies, and as a consumer, it is my right and duty to ensure that my private information is not shared. This right is supported by 15 U.S.C. 6801, which establishes: "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." A furnisher of information to credit agencies qualifies as a financial institution under this statute and is therefore bound by these privacy protections. Violation of My Right to Opt Out Under 15 U.S.C. 6802(b)(c): "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." RESURGENT/LVNV FUNDING never provided me with a clear and conspicuous notice of my right to opt out, nor did they offer me an opportunity to exercise my right to prevent my nonpublic personal information from being shared with third parties, including consumer reporting agencies. Due to RESURGENT/LVNV FUNDING\'s failure to comply with the regulations above as well as the regulations in the following paragraph, I created & sent an opt out request, dated, XXXX XXXX XXXX XXXXPART 1016 - PRIVACY OF CONSUMER FINANCIAL INFORMATION (REGULATION P) \n 12 CFR  1016.1 Purpose and scope. \n (a) Purpose. This part governs the treatment of\nnonpublic personal information about consumers by the financial\ninstitutions listed in paragraph (b) of this section. \nThis part: \n (1)Requires a financial institution to provide notice to customers\nabout its privacy policies and practices;\n  (2) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties; and \n (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  1016.13, 1016.14, and 1016.15.\n12 CFR  1016.4 Initial privacy notice to consumers required. \n(a) Initial notice requirement. You must provide a clear and\nconspicuous notice that accurately reflects your privacy policies\nand practices to: \n (1) Customer. An individual who becomes your customer, not later than when you establish a customer relationship, except as provided in paragraph (e) of this section;\nand \n (2) Consumer. A consumer, before you disclose any nonpublic personal information about the consumer to any nonaffiliated third party, \n 12 CFR  1016.7 Form of opt out notice to consumers; opt out methods. \n Section (a)  (1) Form of opt out notice. If you are required to provide an opt out notice under  1016.10(a), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state: \n (i)That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party; \n (ii) That the consumer has the right to opt out of that disclosure; and \n (iii) A reasonable means by which the consumer may exercise the opt out right.\n  (2) Examples \n (ii)Reasonable opt out means. You provide a reasonable means to exercise an opt out right if you:\n  (A) Designate check-off boxes in a prominent position on the relevant forms with the opt out\nnotice; \n (B) Include a reply form together with the opt out notice that, in the case of financial institutions described in  1016.3(l)(3) of this part, includes the address to which the form should be mailed; \n (C) Provide an electronic means to opt out, such as a form that can be sent via electronic mail or a process at your Website, if the consumer agrees to the electronic delivery of information; or \n (D) Provide a toll-free telephone number that consumers may call to opt out.\n (iii) Unreasonable opt out means. You do not provide a reasonable means of opting out if:\n (A) The only means of opting out is for the consumer to write his or her own letter to exercise that opt out right; or \n (B) The only means of opting out as described in any notice subsequent to the initial notice is to use a check-off box that you provided with the initial notice but did not include with the subsequent notice. \n (g) Time to comply with opt out. You must comply with a consumer\'s opt out direction as soon as reasonably practicable after you receive it. \n (h) Continuing right to opt out. A consumer may exercise the right to opt out at any time. \n (i) Duration of consumer\'s opt out direction. \n\n (1) A consumer\'s direction to opt out under this section is effective until the consumer revokes it in writing or, if the consumer agrees, electronically. As clearly stated in \n(g) of the above regulation, Time to Comply With Opt Out, RESURGENT/LVNV FUNDING must comply with my opt out direction as soon as reasonably practicable after they received it, however it has been 2 1/2 months and they are still reporting these accounts with the credit reporting agencies, which further constitutes unauthorized reporting. Unauthorized Reporting of\nMy Information Under 15 U.S.C. 1681 Section 604(a)(2): "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." Neither RESURGENT/LVNV FUNDING nor the consumer reporting agencies, XXXX XXXX XXXX XXXX have my consent to furnish this information. Moreover, they do not have my written authorization. Any and all consentwhether verbal, non-verbal, written, implied, or otherwisegranted to XXXX XXXX XXXX, or the furnisher of information to credit agencies is hereby revoked.\nFurthermore, 15 U.S.C. 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. The entire reporting of these accounts violates my right to Privacy under the Privacy Act of 1974 (5 U.S. Code  552a).'

Company response to consumer: Closed with explanation