Consumer complaint received 2023-07-25
Company: Resurgent Capital Services L.P.
State: FL
Product: Debt collection
Sub-product: Auto debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
Under 15 U.S. Code 1602 ( I ) ( I ) The adjective consumer, used with reference to a credit transaction, characterizes the transaction as one in which the party to whom credit is offered or extended is a natural person, and the money, property, or services which are the subject of the transaction are primarily for personal, family, or household purposes. 

Pursuant to 15 U.S. Code 1681a ( 2 ) ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device Should be excluded from a consumer report. The definition of a credit card under 15 U.S. Code 1681 is the same as it is under 15 U.S. Code 1602 ( I ) which is the term credit card means any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor or services on credit. Notice congress said ANY card. The credit card is my social security card. This is the credit card I used to originate every consumer transaction below. They should all be removed from My consumer report pursuant to 15 U.S. code 1681a ( 2 ) ( B ). I am demanding that you remove these Transactions from my report immediately as they are a violation of my rights as a federally protected consumer under title 15 chapter 41.

The term debt collector under 15 USC 1692a ( 6 ) means any person who uses any instrumentality of interstate commerce or the mails in any business the principal of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or sue or asserted to be owed or due another. Notwithstanding the exclusion provided by clause ( F ) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, use any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purposes of section 1692f ( 6 ) of this title, such term also includes any person who used any instrumentality of interstate commerce or mails in any business the principal purpose of which is the enforcement of Secuirty interest. This passage clearly states that the term debt collector means ANY person who attempts to collect a debt. LVNV Funding LLC falls under the FDCPA. With this understanding, I know that all bills ( statements ) received in the mail are an attempt to collect an alleged debt. 

Under 18 USC 892 ( a ) Making extortionate extension of credit states, whoever makes any extortionate extension of credit, or conspires to do so shall be finder under this title or imprisoned not more than 20 years, or both. ( 6 ) an extortionate extension of credit with respect to which it is the understanding of the creditor and the debtor at the time it is made that delay in making repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to a person, reputation, or property of any person. Currently, LVNV Funding LLC is has taken property from a consumer credit transaction without authority or right to do so, damaging my consumer reputation due to unverifiable and inaccurate reporting information, therefore further damaging me financially, emotionally, and mentally.

Company response to consumer: Closed with explanation