Consumer complaint received 2022-06-17
Company: Resurgent Capital Services L.P.
State: MD
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:
Original complaint ID # XXXX was closed without the company addressing the complaint ( s ) and therefore, i am initiating a new complaint based on the response provided in the above complaint ID #. 

XX/XX/XXXX I have read the response by LVNV Funding/Resurgent which ignored a significant portion of the basis for the complaint. Per the Fair Debt Collection Act and other regulations which became effective on XX/XX/XXXX, LVNV Funding and/or its Agents illegally reported a collection on my credit report to ( at a minimum ) the 3 major Credit Bureaus XXXX XXXX XXXX and XXXX. It is unknown at this time whether they also illegally transmitted information to any secondary credit reporting agencies. 

This illegal collection activity/reporting occurred after XX/XX/XXXX and prior to contacting me regarding the matter which is shown on the validation letter they provided in support dated XX/XX/XXXX. The three major credit bureaus have confirmed that LVNV Funding/Resurgent reported in XXXX of XXXX, XXXX of XXXX, XXXX of XXXX, and XXXX of XXXX prior to contacting me regarding the issue on XX/XX/XXXX. That is a total of four months of illegal collection activity to each of the three major credit bureaus for a total of twelve separate and distinct violations of law.

Also, when LVNV funding was notified by Priority Mail dated XXXX XXXX which USPS shows as being received on XXXX XXXX, LVNV Funding failed to as required by law report to the credit bureaus that the debt was disputed. LVNV/Resurgent kept reporting to the credit bureaus in XXXX and XXXX. It serves no legitimate purpose to provide monthly updates on an account that is closed and has no monthly payments but despite going to the trouble to report it monthly for whatever purpose, they failed to notify the all three of the major credit bureaus that it was disputed within thirty days which represents an additional three violations of law for a total of fifteen violations of law in connection with their collection efforts on this account with a prescribed legal remedy of up to {$1000.00} per violation. I am awaiting a response from several other secondary credit reporting agencies to determine if any other illegal collection/reporting activities have occurred.

LVNV Funding/Resurgents response provided generic, form letter verbiage regarding their rights to collect and report which presumes that they do so in accordance with the law which was not the case as confirmed by the three major credit bureaus in at least fifteen separate instances which they fail to address in their response. 

Numerous damages have occurred as a result of this illegal collection/reporting activity. First, I was denied credit during this period for which the basis of the denial was collections on my credit report for which this is the only one and it was reported illegally. I simply applied to a different company and was approved, however at a rate 12 % higher. In addition, I had a second and unnecessary hard inquiry placed on my account which negatively impacts not only my credit score but opportunities to apply for future credit due to excessive hard inquiries. 

Most importantly, I am a XXXX XXXX XXXXXXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. The financial damage as a result of this illegal collection activity far exceeds any relief that would be granted in the form the prescribed remedy. 

In addition, I want to clarify what I perceive as a misinterpretation by LVNV Funding/Resurgent as stated in their response. I did not request that LVNV funding or any of its Agents cease contact. I repeatedly informed LVNV Funding and its Agent at the time XXXX XXXX XXXX XXXX XXXX that I keep business hours until XXXX during the week, the bulk of which is spent driving when my phone ringer is not turned on for safety reasons and that I would be happy to speak with them if they call after XXXX XXXX  during the week or on Saturdays which their stated normal operating hours could have easily accommodated. I also offered to call them if they provided me a direct number and contact with knowledge and authority to which they declined. Instead, I received daily missed call indicators from XXXX XXXX XXXX phone number outside of the requested hours/days with no voice mail messages and not one single instance where they called when requested. I also stated that there was not much that I could speak to until LVNV Financial/Resurgent provided documentation that has been outstanding since the original conversation in XXXX. I presume this was simply to log call attempts for a file and not a serious effort to contact me and therefore, Resurgents claim in their response that they take our customer service and consumer protection obligations seriously is not borne out by their actions. 

I was and still am amenable to a resolution of this matter however, that stated in XXXX and it is now XXXX and it is now seriously and unnecessarily complicated by the illegal collection activity and the significant financial damage it has caused me as a result. It is in both parties interest to come to a resolution which avoids the arbitration set forth as the dispute remedy mechanism in the provided XXXX XXXX document.

Company response to consumer: Closed with explanation