Consumer complaint received 2023-12-11
Company: Resurgent Capital Services L.P.
State: MI
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
XX/XX/XXXX Report of violations and identity theft by LVNV FUNDING RESURGENT CAPITAL SERVICES I am using CFPB to report clearly the attack that LVNV FUNDING RESURGENT CAPITAL SERVICES XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX, SC XXXX phone XXXX has put down on my credit report and even now USING IDENTITY THEFT. They have used my social number, name, and information to report a new active live account on my credit report that I dont owe. 

A POLICE REPORT HAS BEEN FILED AND THE NUMBER IS # XXXX ON XX/XX/XXXX WITH THE XXXX XXXX POLICE DEPARTMENT XXXX 
A FTC REPORT OF IDENTITY THEFT HAS BEEN FILED FTC.GOV # XXXX LVNV FUNDING RESURGENT CAPITAL SERVICES has opened a live active reporting tradeline on my credit report AFTER STATING ON XX/XX/XXXX IN A LETTER ; THAT IT WOULD NOT ACTIVELY BE PURSUED. 

LVNV FUNDING ALSO HAS THE 1099B PAYMENT PROOF THAT THIS OLD DEBT WAS DISCHARGED. 

DFINITION OF IDENTITY THEFT : What is the best definition of identity theft? 
Identity theft and identity fraud are terms used to refer to all types of crime in which someone wrongfully obtains and uses another person 's personal data in some way that involves fraud or deception, typically for economic gain. 

LVNV FUNDING RESURGENT CAPITAL SERVICES USES DECEPTIVE PRACTICES TO COLLECT DEBT WITHOUT VERIFYING CONTRACTUAL OBLIGATION AND OPERATING OUTSIDE OF THEIR JURISDICTION. COMPLETELY VIOLATING THE FAIR DEBT COLLECTION PRACTICES BY VIOLATING : Section 15 usc 1692 802. Congressional findings and declaration of purpose ( a ) Abusive practices There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy. 
( b ) Inadequacy of laws Existing laws and procedures for redressing these injuries are inadequate to protect consumers. 

ALSO VIOLATING Section 15 usc 1692a 804. Acquisition of location information Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall ( 1 ) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer ; ( 2 ) not state that such consumer owes any debt ; ( 3 ) not communicate with any such person more than once 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 ALSO VIOLATING Section15 usc 806. Harassment or abuse A debt collector may 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. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person. 
( 2 ) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.

( 3 ) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 603 ( f ) or 604 ( 3 ) 1 of this Act.

ALSO VIOLATING Section 15 usc 807. False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.

( 2 ) The false representation of ( A ) the character, amount, or legal status of any debt; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.

( 3 ) The false representation or implication that any individual is an attorney or that any communication is from an attorney.

( 4 ) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. 
( 5 ) The threat to take any action that can not legally be taken or that is not intended to be taken.

ALSO VIOLATING Section 15 usc 1692e 808. Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The collection of any amount ( including any interest, fee, charge, or expense incidental to the principal obligation ) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.

( 2 ) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collectors intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit.

( 3 ) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution.

( 4 ) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument.

( 5 ) Causing charges to be made to any person for communications by concealment of the true propose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees. 

ALSO VIOLATING Section 15 usc 1692g 809. Validation of debts ( a ) Notice of debt ; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing ( 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, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ALSO VIOLATING 15 usc 1692j 812. Furnishing certain deceptive forms ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. 
( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 813 for failure to comply with a provision of this title.

15 usc 1692k 813. Civil liability ( a ) Amount of damages Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of ( 1 ) any actual damage sustained by such person as a result of such failure ; ( 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 ; and ( 3 ) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorneys fee as determined by the court.

On a finding by the court that an action under this s ALSO VIOLATING THE PRIVACY ACT OF 1974 Even stating that their attorney is after me on my credit report.

LVNV FUNDING IGNORED MY DEMANDS FOR A NAME AND ACCOUNTING DOCUMENT AND PURCHASE AGREEMENT OF ALLEGED DEBT.

LVNV AND ITS AFFILIATES INFORMATION LVNV is a limited liability company that was organized in Delaware in XXXXXXXX is headquartered in XXXX XXXX, Nevada, and appears to be managed from South Carolina. It claims to have no employees of its own. Its only business is to purchase consumer debts that are in default, mostly from affiliated entities that purchased the debts from others, and attempt to collect those debts through litigation. As determined by the Maryland Commissioner of Financial Regulation in a 2011 enforcement action ( and not contested by LVNV in this appeal ), LVNV is part of an integrated conglomeration of affiliated entities that include : XXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXX XXXX XXXX, which own and operate XXXX XXXX XXXX ( XXXX ) and XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX  provides management services for XXXX, which the Commissioner of Financial Regulation found to be " an integrated financial services company engaged in purchasing and servicing portfolios of consumer debt that it acquires at a large discount. '' XXXX XXXX XXXX ( XXXX ), which is a wholly-owned subsidiary of XXXX. Originator is headquartered in South Carolina. LVNV is a wholly owned subsidiary of Originator. LVNV 's Board of Managers, which has day-to-day supervision over LVNV, also is based in South Carolina. 

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  ), which also are subsidiaries of XXXX. The first two are debt purchasers. XXXX is involved with the management of LVNV ; XXXX XXXX XXXX have traded as LVNV ; and Resurgent Capital Services Limited Partnership, a/k/a Resurgent Capital Services LP , XXXX XXXX Group Limited Partnership ( Resurgent ), which acts as the master servicer for charged-off consumer debt owned by LVNV and is headquartered in South Carolina. Resurgent is a limited partnership in which Alegis is the general partner that owns one percent, and XXXX, which is a limited partner that owns 99 percent. Both Resurgent and XXXX are subsidiaries of XXXX. Id. Though only a one percent owner, XXXX is responsible for the management of Resurgent.

Company response to consumer: Closed with explanation