Consumer complaint received 2023-10-09
Company: Resurgent Capital Services L.P.
State: FL
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
I am giving authorization to this company to respond to this cfpb complaint before I proceed with litigation. As a federally protected consumer, this company has violated my consumer rights and has defamed my character by attempting to collect an alleged debt. They also have reported this information to consumer reporting agencies when I have never engaged in an agreement with this company, nor have I given them written, nonwritten, verbal, nonverbal consent to communicate with me both directly and indirectly pursuant to 12 CFR 1006.6 ( b ) ( 4 ) ( i ) and multiple federal laws pursuant to 15 U.S. Code Subchapter V - DEBT COLLECTION PRACTICES. Furthermore, they claim that they are attempting to collect a debt from a purchased contract which violates Uniform Commercial Code 3-203 which states that once a contract has been transferred, you cancel all rights to collect. I have a right to privacy pursuant to the privacy act of 1974, to be more specific 5 U.S.C 552a, and this company did not get my permission to use my social security number which has caused me monetary damages. I could not purchase a home, a new vehicle or further extend my credit as a result of this pursuit. 
The following are federal laws that have been violated in pursuit of this alleged obligation with a brief explanation on how it was violated.

12 CFR 1006.10 and 15 U.S. Code 1692b - Acquisition of location information. 
Stating that I owe a debt on consumer report ( s ) and using language that states that the communication relates to the collection of a debt 12 CFR 1006.6 and 15 U.S. Code 1692c - Communications in connection with debt collection.

I have already stated the reason above 12 CFR 1006.14 and 15 U.S. Code 1692d - Harassing, oppressive, or abusive conduct. 
The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader. In connection with the collection of any debt, a debt collector must not communicate or attempt to communicate with a person through a medium of communication if the person has requested that the debt collector not use that medium to communicate with the person.

12 CFR 1006.18 and 15 U.S. Code 1692e - False, deceptive, or misleading representations or means. 
The false representation of the amount of the alleged debt. The threat to take any action that can not legally be taken or that is not intended to be taken. The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. The false representation or implication that accounts have been turned over to innocent purchasers for value.

12 CFR 1006.22 and 15 U.S. Code 1692f - Unfair or unconscionable means.

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 and I never created an agreement with this company.

12 CFR 1006.34 and 15 U.S. Code 1692g - Notice for validation of debts. 
Company did not validate the debt and send the entire purchase agreement to me, the consumer.

15 U.S. Code 1692h - Multiple debts.

Once the debt is disputed, any and all payments shall apply in accordance with the consumers directions and my directions were to send me back my compensation by mail.

12 CFR 1006.26 and 15 U.S. Code 1692i - Legal actions by debt collectors This subchapter prohibits any authorizations from a debt collector to bring forth legal actions.

12 CFR 1006.38 - Disputes and requests for original-creditor information.

UCC 3-203 - TRANSFER OF INSTRUMENT ; RIGHTS ACQUIRED BY TRANSFER. I have already stated the reason above.
12 CFR 1022.42 and 12 CFR 1022.43 and 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies.

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.

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

I have the right to keep my financial life private and I have not given this company any authorization to use my social security number.

3-203. 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.

Company response to consumer: Closed with explanation