Consumer complaint received 2023-09-04
Company: Resurgent Capital Services L.P.
State: PA
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
This company has violated my consumer rights and has defamed my character by attempting to collect an alleged debt and reporting it to consumer reporting agencies. The following are the federal laws that they broke. 
XXXX. TRANSFER OF INSTRUMENT ; RIGHTS ACQUIRED BY TRANSFER. 
Primary tabs ( a ) An instrument is transferred when it is delivered by a person other than its issuer for the purpose of giving to the person receiving delivery the right to enforce the instrument. 

( b ) Transfer of an instrument, whether or not the transfer is a negotiation, vests in the transferee any right of the transferor to enforce the instrument, including any right as a holder in due course, but the transferee can not acquire rights of a holder in due course by a transfer, directly or indirectly, from a holder in due course if the transferee engaged in fraud or illegality affecting the instrument. 

( c ) Unless otherwise agreed, if an instrument is transferred for value and the transferee does not become a holder because of lack of indorsement by the transferor, the transferee has a specifically enforceable right to the unqualified indorsement of the transferor, but negotiation of the instrument does not occur until the indorsement is made. 

( d ) If a transferor purports to transfer less than the entire instrument, negotiation of the instrument does not occur. The transferee obtains no rights under this Article and has only the rights of a partial assignee 1006.34 Notice for validation of debts.

( c ) Validation information. Pursuant to paragraph ( a ) ( 1 ) of this section, 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 collector 's name and the mailing address at which the debt collector accepts disputes and requests for original-creditor information.

( ii ) The consumer 's 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.

1006.14 Harassing, oppressive, or abusive conduct.

( a ) In general. 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.

( b ) Repeated or continuous telephone calls or telephone conversations ( 1 ) In general. In connection with the collection of a debt, a debt collector must not place telephone calls or engage any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.

1006.18 False, deceptive, or misleading representations or means.

( a ) In general. A debt collector must not use any false, deceptive, or 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.

( b ) False, deceptive, or misleading representations.

( 1 ) A debt collector must not falsely represent or imply that : ( i ) The debt collector is vouched for, bonded by, or affiliated with the United States or any State, including through the use of any badge, uniform, or facsimile thereof.

( ii ) The debt collector operates or is employed by a consumer reporting agency, as defined by section 603 ( f ) of the Fair Credit Reporting Act ( 15 U.S.C. 1681a ( f ) ).

( iii ) Any individual is an attorney or that any communication is from an attorney.

( iv ) The consumer committed any crime or other conduct in order to disgrace the consumer.

( v ) A sale, referral, or other transfer of any interest in a debt causes or will cause the consumer to : ( A ) Lose any claim or defense to payment of the debt ; or ( B ) Become subject to any practice prohibited by this part.

( vi ) Accounts have been turned over to innocent purchasers for value.

( vii ) Documents are legal process.

( viii ) Documents are not legal process forms or do not require action by the consumer.

( 2 ) A debt collector must not falsely represent : ( i ) The character, amount, or legal status of any debt.

( ii ) Any services rendered, or compensation that may be lawfully received, by any debt collector for the collection of a debt.

1006.22 Unfair or unconscionable means.

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

( b ) Collection of unauthorized amounts. A debt collector must not collect any amount unless such amount is expressly authorized by the agreement creating the debt or permitted by law. For purposes of this paragraph, the term any amount includes any interest, fee, charge, or expense incidental to the principal obligation.

1006.30 Other prohibited practices.

( a ) Required actions prior to furnishing information ( 1 ) In general. Except as provided in paragraph ( a ) ( 2 ) of this section, a debt collector must not furnish to a consumer reporting agency, as defined in section 603 ( f ) of the Fair Credit Reporting Act ( 15 U.S.C. 1681a ( f ) ), information about a debt before the debt collector : ( i ) Speaks to the consumer about the debt in person or by telephone ; or ( ii ) Places a letter in the mail or sends an electronic message to the consumer about the debt and waits a reasonable period of time to receive a notice of undeliverability. During the reasonable period, the debt collector must permit receipt of, and monitor for, notifications of undeliverability from communications providers. If the debt collector receives such a notification during the reasonable period, the debt collector must not furnish information about the debt to a consumer reporting agency until the debt collector otherwise satisfies this paragraph ( a ) ( 1 ).

15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate.

( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate.

5 U.S. Code 552a - Records maintained on individuals

Company response to consumer: Closed with explanation