Consumer complaint received 2023-03-19
Company: Resurgent Capital Services L.P.
State: TX
Product: Debt collection
Sub-product: Credit card debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Threatened or suggested your credit would be damaged

Complaint:
I request validation of this debt per Texas Finance Code Section 392.202 which requires a debt collection agency or credit bureau to provide the alleged debtor with specific information concerning their debt including but not limited to ; For the purpose of validation provide me with : The name and address of the original creditor. The original date of default or non-payment of the debt with original creditor. The date the debt was transferred from the original creditor to the third party debt collector. The original balance. The current balance. Any fees added by your agency. Sec. 392.303 ( a ) ( 2 ). I did not sign any agreement and/or contract with this company regarding any allege debt. And this company should provide a valid recorded copy of an assignment of transfer to be able to attempt to collect on uncollectable debt after the statute of limitations. 
Texas Surety bond information as required by Sec. 392.101 - my original signature on the application from the creditor - my original signature on an application with your office consenting to any service Please note XXXX, XXXX, and XXXX are bonded in the state of Texas and are required to comply with Texas Finance Code. If a debt collector has failed to respond to your debt validation request, then they have essentially admitted, per Texas Finance Code 392.202 ( b ) ( 2 ), that the debt in question is inaccurate. Per this requirement you must delete this trade line if you do not have sufficient time to complete an investigation to validate this debt in 30 days according to Sec. 392.202 ( d ) ( 1 ) Also per Texas Finance Code 392.202 Correction of third -party debt collectors or credit bureaus files. I request immediate notification by mail if this alleged debt is sold or transferred per Sec. 392.301 ( a ) ( 4 ).

Under 15 U.S.C. 1692g ( a ), a debt collector must, within five days of the initial communication regarding a debt, furnish the consumer with a written notice that states ( 1 ) the amount of the debt, ( 2 ) the name of the creditor to whom the debt is owed, ( 3 ) a statement that unless the consumer disputes the validity of the debt within 30 days, the debt collector will assume the debt is valid, ( 4 ) a statement that if within the 30-day period the consumer notifies the collector in writing that the consumer disputes the debt, the debtor will obtain verification of the debt from the creditor and have a copy of that verification mailed to the consumer; and ( 5 ) a statement that if the consumer requests it in writing, the debt collector will provide the consumer with the name and address of the original creditor if it differs from that of the current creditor. A debt collector who does not provide the information mandated by 1692g ( a ) violates the FDCPA. A debt collector who violates any provision of the FDCPA is civilly liable for actual damages, reasonable attorneys fees, and additional statutory damages under 15 U.S.C. 1692k ( a ). ( 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. 

This company is also attempting to collect debt that has exceeded the statute of limitations in the state of Texas. This company does not have my permission to call me on any cell phone I may have possessed, currently possess or will possess in the future. They need to cease and desist their threats to sue. I am seeking an attorney to discuss a class action lawsuit as I believe this is their practice and they are violating several laws includes Texas Finance Code 392.202 ( b ) ( 2 ), FCRA, FDCPA, Texas Debt Collection Act and TCPA 47 U.S. Code 227. These calls are harassment and have been going on for months, which is a violation of FDCPA. A complaint will also been filed with the Texas Attorney General 's office. I will also be filing a lawsuit in the state of Texas due to the violation of the TCPA and FDCPA. 

Please reply with your response via US MAIL. Do not contact me by phone as it is inconvenient. Do not contact my family, acquaintances, or employer in any manner. Please note I am fully prepared to pursue my rights for the harm this inaccuracy has done to me. Sec. 392.403. CIVIL REMEDIES. ( a ) A person may sue for : ( 1 ) injunctive relief to prevent or restrain a violation of this chapter; and ( 2 ) actual damages sustained as a result of a violation of this chapter. Please also note Texas BCC17. I demand that you not sell, transfer, or assign this debt per Sec. 392.301 ( a ) ( 4 ). Regards.

Company response to consumer: Closed with explanation