Consumer complaint received 2023-11-17
Company: Resurgent Capital Services L.P.
State: PA
Product: Debt collection
Sub-product: Credit card debt
Issue: Communication tactics
Sub-issue: Used obscene, profane, or other abusive language

Complaint:
I do not and have not contracted with Resurgent Capital Services or their affiliates. I have never given Resurgent Capital Services or their affiliates permission to contact me. On XXXX, XX/XX/2023 at XXXX XXXX, Resurgent Capital Services and employee XXXX emailed me at my personal email address regarding an alleged debt. The email states that there is an alleged debt of {$960.00} that was purchased by Resurgent Receivables LLC and is being managed by Resurgent Capital Services. There was nothing in the communication that gave me the option to dispute the debt. On XXXX, XX/XX/2023, at XXXX XXXX, another email communication was sent from Resurgent Capital Services and XXXX stating that financial peace of mind will be only a few clicks away, still with no option to dispute the alleged debt. Another email communication was sent from Resurgent Capital Services and XXXX on, XX/XX/2023, at XXXX XXXX, asking to me to help Resurgent understand my financial situation, all while attempting to collect the alleged debt, but not giving me an option to dispute. On XX/XX/2023, at XXXX XXXX, I received another email communication from Resurgent Capital Services and XXXX, advising of my options to pay the alleged debt, still to no surprise, there was no way to dispute the debt. On XX/XX/2023, at XXXX, I also received a text message from XXXX Resurgent Debt Collector, welcoming me. The text messages continued on XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, and XX/XX/2023 from Resurgent Debt Collector, stating that I could resolve the account. 

On XX/XX/2023, I received an email from what you have listed as the original creditor, XXXX XXXX XXXX, XXXX, stating that the credit card account was sold to and assigned to the new account owner : Resurgent Receivables, LLC c/XXXX  Resurgent Capital Services , XXXX. 

On XX/XX/2023, I received a letter from Resurgent Capital Services, stating that my account had a new home, and that my private information was being shared and collected by affiliate companies. The letter finally included a way that I could dispute the alleged debt. 
Email communications have taken place on these dates requesting payment on the alleged debt : XX/XX/XXXX at XXXXXXXX XXXX  XX/XX/XXXX at XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX at XXXXXXXX XXXX XXXX XXXX XXXX XXXX  XX/XX/XXXX at XXXX XXXX  The email communications come almost daily to my personal email at all inconvenient times and places. 


On XX/XX/2023, I mailed a letter certified to Resurgent Capital Services and the CEO XXXX XXXX advising that I dispute the alleged debt, but also advising XXXX XXXX, that his company has failed to comply with the Fair Debt Collections Practices Act, causing me to be violated as a federally protected consumer. 
I have been harrassed since the first email communication and during the validation period of this alleged debt. I have missed countless hours of my daily life, because of the stress this has caused me. 

Under XXXX2 Cfr 1006.6 ( b ) ( 1 ) ( i ) it is required that a debt collector must not communicate or attempt to communicate with a consumer in connection with the collection of any debt : at any unusual time.

Under 12 cfr 1006.6 ( b ) ( 1 ) ( ii ) is required that a debt collector must not communicate or attempt to communicate with a consumer in connection with the collection of any debt.

Under 12 cfr 1006.6 ( d ) ( 4 ) ( C ) it is required that before the debt collector used the email address to communicate with the consumer about the debt, the creditor sent the consumer a written or electronic notice, to an address the creditor obtained from the consumer and used to communicate with the consumer about the account, that clearly and conspicuously dislosed : that the debt has been or will be transferred to the debt collector ; the email address and the fact that the debt collector might use the email address to communicate with the consumer about the debt ; that if others have access to the email address, then it is possible they may see the emails ; instructions for a reasonable and simple method by which the consumer could opt out of such communications ; and the date by which the debt collector or the creditor must receive the consumers request to opt out, which must be at least 35 days after the date the notice is sent ; the opt-out period provided under this section has expired and the consumer has not opted out ; and the email address has a domain name that is available for use by the general public, unless the debt collector knows the address is provided by the consumers employer.

Under 12 cfr 1006.6 ( d ) ( 5 ) it is required that a debt collector may send a text message to a telephone number if : The consumer used the telephone number to communicate with the debt collector about the debt by text message, the consumer has not since opted out of text message communications to that telephone number, and within the past 60 days either : The consumer sent the text message described in paragraph ( d ) ( 5 ) ( i ) of this section or a new text message to the debt collector from that telephone number ; or ( B ) The debt collector confirmed, using a complete and accurate database, that the telephone number has not been reassigned from the consumer to another user since the date of the consumers most recent text message to the debt collector from that telephone number ; or ( ii ) The debt collector received directly from the consumer prior consent to use the telephone number to communicate with the consumer about the debt by text message, the consumer has not since withdrawn that consent, and within the past 60 days the debt collector either : ( A ) Obtained the prior consent described in paragraph ( d ) ( 5 ) ( ii ) of this section or renewed consent from the consumer ; or ( B ) Confirmed, using a complete and accurate database, that the telephone number has not been reassigned from the consumer to another user since the date of the consumers most recent consent to use that telephone number to communicate about the debt by text message.

Under 12 cfr 1006.10 ( b ) it is required that a debt collector communicating with a person other than the consumer for the purpose of acquiring location information must : ( 1 ) identify himself or herself individually by name, state that he or she is confirming or correcting the consumers location information, and, only if expressly requested, identify his or her employer; ( 2 ) not state that the consumer owes any debt ; not communicate by postcard ; not use any language or symbol on any envelope or in the contents of any communication by mail indicating that the debt collector is in the debt collection business or that the communication relates to the collection of a debt; and ( 5 ) after the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorneys name and address, not communicate with any person other than that attorney, unless the attorney fails to respond to the debt collectors communication within a reasonable period of time.

Under 12 cfr 1006.10 ( C ), requires that in addition to complying with 12 cfr 1006.14 ( b ) ( 1 ), a debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer must not communicate more than once with such person unless requested to do so by such person, or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information.

Under 12 CFR 1006.14 ( a ) it is required that a debt collector must 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, including, but not limited to, the conduct described in paragraphs ( b ) through ( h ) of this section. Violation of 15 USC 1692d, Under 12 CFR 1006.14 ( d ) it is required that a debt collector must not use obscene or profane language, or language the natural consequence of which is to abuse the hearer or reader.

Under 12 CFR 1006.18 ( a ) it is required that a debt collector must not use any false, deceptive, misleading representation or means in connection with the collection of any debt, including, but not limited to, the conduct described in paragraphs ( b ) through ( d ) of this section.

Under 12 CFR 1006.18 ( b ) ( 1 ) ( iv ) requires that a debt collector must not falsely represent or imply that the consumer committed any crime or other conduct in order to disgrace the consumer.

12 CFR 1006.18 ( b ) ( 2 ) ( i ) ( ii ), requires that a debt collector must not falsely represent the character, amount, or legal status of any debt.

12 CFR 1006.18 ( c ) ( 4 ) requires that a debt collector must not use any business, company, or organization name other than the true name of the debt collectors business, company, or organization.

12 CFR 1006.18 ( d ) requires that a debt collector must not use any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.

12 CFR 1006.22 ( a ) requires that a debt collector must not use unfair or unconscionable means to collect or attempt any debt, including, but not limited to, the conduct described in paragraphs ( b ) through ( f ) of this section.

12 CFR 1006.22 ( b ) requires that a debt collector must not collect any amount unless such amount is expressly authorized by the agreement creating the debt or permitted by law. ( interest, fee, charge, or expense incidental to the principal obligation.

12 CFR 1006.22 ( f ) ( 2 ) requires that a debt collector must not use any language or symbol, other than the debt collectors address, on any envelope when communicating with a consumer by mail, except that a debt collector may use the debt collectors business name on an envelope if such name does not indicate that the debt collector is in the debt collection business.

12 CFR 1006.30 ( e ) requires that a debt collector must not design, compile, and furnish any form that the debt collector knows would be used to cause a consumer falsely to believe that a person other that the consumers creditor is participating in collecting or attempting to collect a debt that the consumer allegedly owes to the creditor.

12 CFR 1006.34 ( b ) ( 3 ) requires that the itemization date means any one of the following five reference dates for which a debt collector can ascertain the amount of debt ( i ) The last statement date, which is the date of the last periodic statement or written account statement or invoice provided to the consumer by a creditor ; ( ii ) The charge-off date, which is the date the debt was charged off ; ( iii ) The last payment date, which is the date the last payment was applied to the debt ; ( iv ) The transaction date, which is the date of the transaction that gave rise to the debt ; or The judgment date, which is the date of a final court judgment that determines the amount of the debt owed by the consumer.

12 CFR 1006.34 requires that a debt collector must provide the following validation information.

1. Debt collector communication disclosure. The statement required by 1006.18 ( e ).

2. Information about the debt. Except as provided in paragraph ( c ) ( 5 ) of this section : ( i ) The debt collectors name and the mailing address at which the debt collector accepts disputes and requests for original-creditor information. ( ii ) The consumers name and mailing address. ( iii ) If the debt collector is collecting a debt related to a consumer financial product or service as defined in 1006.2 ( f ), the name of the creditor to whom the debt was owed on the itemization date. ( iv ) The account number, if any, associated with the debt on the itemization date, or a truncated version of that number. ( v ) The name of the creditor to whom the debt currently is owed. ( vi ) The itemization date. ( vii ) The amount of the debt on the itemization date. ( viii ) An itemization of the current amount of the debt reflecting interest, fees, payments, and credits since the itemization date. A debt collector may disclose the itemization on a separate page provided in the same communication with a validation notice, if the debt collector includes on the validation notice, where the itemization would have appeared, a statement referring to that separate page. ( ix ) The current amount of the debt.

( 3 ) Information about consumer protections.

( i ) The date that the debt collector will consider the end date of the validation period and a statement that, if the consumer notifies the debt collector in writing on or before that date that the debt, or any portion of the debt, is disputed, the debt collector must cease collection of the debt, or the disputed portion of the debt, until the debt collector sends the consumer either verification of the debt or a copy of a judgment.

( ii ) The date that the debt collector will consider the end date of the validation period and a statement that, if the consumer requests in writing on or before that date the name and address of the original creditor, the debt collector must cease collection of the debt until the debt collector sends the consumer the name and address of the original creditor, if different from the current creditor.

( iii ) The date that the debt collector will consider the end date of the validation period and a statement that, unless the consumer contacts the debt collector to dispute the validity of the debt, or any portion of the debt, on or before that date, the debt collector will assume that the debt is valid.

( iv ) If the debt collector is collecting debt related to a consumer financial product or service as defined in 1006.2 ( f ), a statement that informs the consumer that additional information regarding consumer protections in debt collection is available on the Bureaus website at www.cfpb.gov/debt-collection.

( v ) If the debt collector sends the validation notice electronically, a statement explaining how a consumer can, as described in paragraphs ( c ) ( 4 ) ( i ) and ( ii ) of this section, dispute the debt or request original-creditor information electronically.

4. ( 4 ) Consumer-response information. The following information, segregated from the validation information required by paragraphs ( c ) ( 1 ) through ( 3 ) of this section and from any optional information included pursuant to paragraphs ( d ) ( 3 ) ( i ), ( ii ), ( iii ) ( A ), ( iv ), ( v ), ( vi ) ( A ), ( vii ), and ( viii ) of this section, and, if provided on a validation notice, located at the bottom of the notice under the headings, How do you want to respond? and Check all that apply : : ( i ) Dispute prompts. The following statements, listed in the following order, and using the following phrasing or substantially similar phrasing, each next to a prompt : ( A ) I want to dispute the debt because I think : ; ( B ) This is not my debt. ; ( C ) The amount is wrong. ; and ( D ) Other ( please describe on reverse or attach additional information ).

( ii ) Original-creditor information prompt. The statement, I want you to send me the name and address of the original creditor., using that phrase or a substantially similar phrase, next to a prompt.

( iii ) Mailing addresses. Mailing addresses for the consumer and the debt collector, which are the debt collectors and the consumers names and mailing addresses as disclosed pursuant to 1006.34 ( c ) ( 2 ) ( i ) and ( ii ).

( 5 ) Special rule for certain residential mortgage debt. For residential mortgage debt, if a periodic statement is required under Regulation Z, 12 CFR 1026.41, at the time a debt collector provides the validation notice, a debt collector need not provide the validation information required by paragraphs ( c ) ( 2 ) ( vi ) through ( viii ) of this section if the debt collector : ( i ) Provides the consumer, in the same communication with the validation notice, a copy of the most recent periodic statement provided to the consumer under Regulation Z, 12 CFR 1026.41 ( b ) ; and ( ii ) Includes on the validation notice, where the validation information required by paragraphs ( c ) ( 2 ) ( vi ) through ( viii ) of this section would have appeared, a statement referring to that periodic statement.

Under 12 CFR 1006.38 ( b ) ( 1 ) prohibits during the validation period, a debt collector must not engage in any collection activities or communications that overshadow or are inconsistent with the disclosure of the consmers rights to dispute the debt and to request the name and address of the original creditor. 

The alleged debt that Resurgent Capital Services is attempting to collect on was paid to XXXX XXXX XXXX, XXXX. when my credit card was given on the application that was made.

Company response to consumer: Closed with explanation