Consumer complaint received 2023-11-21
Company: Resurgent Capital Services L.P.
State: GA
Product: Debt collection
Sub-product: Credit card debt
Issue: Electronic communications
Sub-issue: Frequent or repeated messages

Complaint:
Notice to all, I, am that I am, the consumer in fact, natural person, original creditor, lender, executor, administrator, holder in due course for any and all derivatives thereof for the surname/ given name XXXX XXXX XXXX XXXX , and I have been appointed and accept being the executor both public and private for all matters proceeding, and I hereby claim that I will d/b/a XXXX XXXX XXXX XXXX and autograph as the agent, attorney in fact, so be it ; Whereas, I of age, of majority, give this herein notice to all, I make solemn oath to the one and only most high of creation only, whoever that may be, and I depose the following facts, so be it, now present : Fact, The Fair Debt Collection Practices Act ( FDCPA ) ( 15 USC 1692 et seq. ), which became effective in XXXX XXXX, was designed to eliminate abusive, deceptive, and unfair debt collection practices. 
Fact, Affiant is aware and has proof that Resurgent Capital Services, is in violation of 15 usc 1692c. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt. Resurgent Capital Services did not receive any prior consent from me. 
Fact, Affiant is aware and has proof Resurgent Capital Services, is in violation of 15 usc 1692g. Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; Fact, Affiant is aware and has proof Resurgent Capital Services, is in violation of 15 usc 1692b. Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall ( 5 ) not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt. 
Fact, Affiant is aware and has proof Resurgent Capital Services, is in violation of 15 usc 1692g. Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector. 
Fact, Affiant is aware and has proof Resurgent Capital Services, is in violation of 15 usc 1692d. A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person. A negative account hurts my financial reputation. 
Fact, Affiant is aware and has proof Resurgent Capital Services, is in violation of 15 usc 1692 ( d ) ( 2 ). Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall ( 2 ) not state that such consumer owes any debt. 
Fact, Affiant is aware and has proof XXXX XXXX XXXX is in violation of 15 usc 1692 ( i ) ( a ) ( 2 ) ( a ). Any debt collector who brings any legal action on a debt against any consumer shall in the case of an action not described in paragraph ( 1 ), bring such action only in the judicial district or similar legal entity in which such consumer signed the contract sued upon. 
Fact, Affiant is aware and has proof Resurgent Capital Services, is in violation of 15 usc 1692 ( j ) ( a ). It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. 
Fact, Affiant is aware and has proof Resurgent Capital Services, is in violation of 15 usc 1692k. Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of ( 1 ) any actual damage sustained by such person as a result of such failure. 
( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00} ; or ( B ) in the case of a class action, ( i ) such amount for each named plaintiff as could be recovered under subparagraph ( A ), and ( ii ) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of {$500000.00} or 1 per centum of the net worth of the debt collector.

Company response to consumer: Closed with explanation