Consumer complaint received 2022-04-13
Company: Resurgent Capital Services L.P.
State: IL
Product: Debt collection
Sub-product: I do not know
Issue: Took or threatened to take negative or legal action
Sub-issue: Threatened or suggested your credit would be damaged

Complaint:
In response to CFPB compalint # XXXX. I, XXXX XXXX, a federally protected consumer, am making this 2nd complaint against LVNV Funding/Resurgent XXXX XXXX for violating a cease and desist noticed they received on XX/XX/XXXX and for continuing to invade my individual privacy by continuing to commit abusive, deceptive and unfair debt collection practices.. I am still aware that in accordance with Article 9, the assignment of a defaulted note is illegal. Both the assignee and the assigned are both liable for violations under 15 U.S. Code 1692e ( 12 ). After viewing LVNV Funding response to the prior complaint, I am aware that a 3rd entity ( XXXX XXXX ) was involved in this fraudulent activity, because LVNV Funding stated that Resurgent ( Master Servicer ) " placed '' this account with " one or more '' " Servicers ''. To which I have not consented to, or signed any trilateral contracts to conduct any business with either of these 3 companies. LVNV Funding/Resurgent XXXX stated that " LVNV ( owner ) /Resurgent ( Servicer ) " acquired '' this alleged debt on XX/XX/XXXX. Also in the company 's response to the prior complaint, LVNV/Resurgent also attached a letter that was sent to an address that is not my address on XX/XX/XXXX, from XXXX XXXX. Even if this alleged debt was verified/validated, LVNV Funding/ResurgentXXXX would be in violation o

f 15 usc 1692g, which states that the written notice is to be sent within 5 days after the initial communication with the consumer. Also, 15 1692f ( 1 ) states that the attempt to collect any amount not authorized by the agreement creating the debt is a violation. Clearly in the letter attached in the company 's response from LVNVXXXX XXXX XXXX XXXX XX/XX/XXXX, proved that there was an attempt to collect {$440.00}, Which would be an different amount of the alleged debt of {$590.00}. Actually sending these letters is another violation according to 15 usc 1692f ( 7 ). 
After viewing the response to the prior complaint, I have actually found multiple violations under the FCRA and FDCPA committed by LVNV/ResurgentXXXX  . Also in their response, LVNV/Resurgent attempted to send letters to multiple addresses not belonging to me in the attempt to collect on this alleged debt. That is definitely abusive debt collection practices. With all of this, and as of XX/XX/XXXX, LVNV Funding/Resurgent XXXX failed to send any documentary evidence such as a trilateral contract, bearing my signature, giving LVNV/Resurgent any rights to collect on this alleged debt. If LVNV can not provide the requested legal/lawful documents to validate this alleged debt, and with this fraudulent information being reported on my consumer report, it is my belief that LVNV/Resurgent is attempting to purposely harm me and my financial reputation by means of extortion pursuant 15 usc 1692d ( 4 ). I have attached the cease and desist, the debt validation letter, both sent to LVNV on XX/XX/XXXX. Also attached is their response to the prior complaint, labeled as Exhibit A. Also attached is a FTC report that will be labeled as Exhibit B when filing for litigation in Federal Court to this complaint. I have also filed complaints against LVNV to other authorities concerning their actions.

Company response to consumer: Closed with explanation