Consumer complaint received 2023-06-19
Company: Resurgent Capital Services L.P.
State: TX
Product: Debt collection
Sub-product: I do not know
Issue: Written notification about debt
Sub-issue: Didn't receive notice of right to dispute

Complaint:
I received an email from another agency by the name Resurgent, conveniently after I submitted a CFPB Complaint on LVNV Funding and to this date has not provided a response. At the least this is confusing and misleading to me the consumer. Do I owe both Resurgent and LVNV Funding for the same debt? Also i have yet to receive the consumer notification that is required under " Regulation F ''. This notification is required. 


1006.34 Notice for validation of debts. 
THIS VERSION IS THE CURRENT REGULATION View all versions of this regulation Search this regulation Regulation F ( a ) Validation information required. 

( 1 ) In general. Except as provided in paragraph ( a ) ( 2 ) of this section, a debt collector must provide a consumer with the validation information required by paragraph ( c ) of this section either : Official interpretation of 34 ( a ) ( 1 ) In general. 
( i ) By sending the consumer a validation notice in the manner required by 1006.42 : ( A ) In the initial communication, as defined in paragraph ( b ) ( 2 ) of this section; or ( B ) Within five days of that initial communication; or ( ii ) By providing the validation information orally in the initial communication. 

( 2 ) Exception. A debt collector who otherwise would be required to send a validation notice pursuant to paragraph ( a ) ( 1 ) ( i ) ( B ) of this section is not required to do so if the consumer has paid the debt prior to the time that paragraph ( a ) ( 1 ) ( i ) ( B ) of this section would require the validation notice to be sent. 

( b ) Definitions. For purposes of this section : ( 1 ) Clear and conspicuous means readily understandable. In the case of written and electronic disclosures, the location and type size also must be readily noticeable and legible to consumers, although no minimum type size is mandated. In the case of oral disclosures, the disclosures also must be given at a volume and speed sufficient for the consumer to hear and comprehend them. 

( 2 ) Initial communication means the first time that, in connection with the collection of a debt, a debt collector conveys information, directly or indirectly, regarding the debt to the consumer, other than a communication in the form of a formal pleading in a civil action, or any form or notice that does not relate to the collection of the debt and is expressly required by : Official interpretation of 34 ( b ) ( 2 ) Initial communication. 
( i ) The Internal Revenue Code of 1986 ( 26 U.S.C. 1 et seq. ) ; ( ii ) Title V of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801 through 6827 ) ; or ( iii ) Any provision of Federal or State law or regulation mandating notice of a data security breach or privacy risk. 

( 3 ) Itemization date means any one of the following five reference dates for which a debt collector can ascertain the amount of the debt : Official interpretation of 34 ( b ) ( 3 ) Itemization date. 
( i ) The last statement date, which is the date of the last periodic statement or written account statement or invoice provided to the consumer by a creditor ; Official interpretation of Paragraph 34 ( b ) ( 3 ) ( i ). 
( ii ) The charge-off date, which is the date the debt was charged off ; ( iii ) The last payment date, which is the date the last payment was applied to the debt ; Official interpretation of Paragraph 34 ( b ) ( 3 ) ( iii ). 
( iv ) The transaction date, which is the date of the transaction that gave rise to the debt ; or Official interpretation of Paragraph 34 ( b ) ( 3 ) ( iv ). 
( v ) The judgment date, which is the date of a final court judgment that determines the amount of the debt owed by the consumer. 

( 4 ) Validation notice means a written or electronic notice that provides the validation information required by paragraph ( c ) of this section. 

( 5 ) Validation period means the period starting on the date that a debt collector provides the validation information required by paragraph ( c ) of this section and ending 30 days after the consumer receives or is assumed to receive the validation information. For purposes of determining the end of the validation period, the debt collector may assume that a consumer receives the validation information on any date that is at least five days ( excluding legal public holidays identified in 5 U.S.C. 6103 ( a ), XXXX, and Sundays ) after the debt collector provides it. 


Official interpretation of XXXX ( b ) ( XXXX ) Validation period. 
( c ) Validation information. Pursuant to paragraph ( a ) ( XXXX ) of this section, a debt collector must provide the following validation information. 

( XXXX ) Debt collector communication disclosure. The statement required by XXXX ( XXXX ). 


Official interpretation of XXXX ( c ) ( XXXX ) Debt collector communication disclosure. 
( XXXX ) Information about the debt. Except as provided in paragraph ( c ) ( XXXX ) of this section : ( i ) The debt XXXX name and the mailing address at which the debt collector accepts disputes and requests for original-creditor information. 


Official interpretation of Paragraph XXXX ( c ) ( XXXX ) ( i ). 
( ii ) The consumers name and mailing address. 


Official interpretation of Paragraph XXXX ( c ) ( XXXX ) ( ii ). 
( iii ) If the debt collector is collecting a debt related to a consumer financial product or service as defined in XXXX ( f ), the name of the creditor to whom the debt was owed on the itemization date. 


Official interpretation of Paragraph XXXX ( c ) ( XXXX ) ( XXXX ). 
( iv ) The account number, if any, associated with the debt on the itemization date, or a truncated version of that number. 


Official interpretation of Paragraph XXXX ( c ) ( XXXX ) ( iv ). 
( v ) The name of the creditor to whom the debt currently is owed. 


Official interpretation of Paragraph XXXX ( c ) ( XXXX ) ( v ). 
( vi ) The itemization date. 

( vii ) The amount of the debt on the itemization date. 


Official interpretation of Paragraph XXXX ( c ) ( XXXX ) ( vii ). 
( XXXX ) An itemization of the current amount of the debt reflecting interest, fees, payments, and credits since the itemization date. A debt collector XXXX 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. 


Official interpretation of Paragraph XXXX ( c ) ( XXXX ) ( XXXX ). 
( ix ) The current amount of the debt. 


Official interpretation of Paragraph XXXX ( c ) ( XXXX ) ( ix ). 
( XXXX ) Information about consumer protections. 

( i ) The date that the debt collector will consider the end date of the validation period and a statement that, if the consumer notifies the debt collector in writing on or before that date that the debt, or any portion of the debt, is disputed, the debt collector must cease collection of the debt, or the disputed portion of the debt, until the debt collector sends the consumer either verification of the debt or a copy of a judgment. 

( ii ) The date that the debt collector will consider the end date of the validation period and a statement that, if the consumer requests in writing on or before that date the name and address of the original creditor, the debt collector must cease collection of the debt until the debt collector sends the consumer the name and address of the original creditor, if different from the current creditor. 

( iii ) The date that the debt collector will consider the end date of the validation period and a statement that, unless the consumer contacts the debt collector to dispute the validity of the debt, or any portion of the debt, on or before that date, the debt collector will assume that the debt is valid. 

( iv ) If the debt collector is collecting debt related to a consumer financial product or service as defined in XXXX ( f ), a statement that informs the consumer that additional information regarding consumer protections in debt collection is available on the XXXX website at www.cfpb.gov/debt-collection. 

( v ) If the debt collector sends the validation notice electronically, a statement explaining how a consumer can, as described in paragraphs ( c ) ( XXXX ) ( i ) and ( ii ) of this section, dispute the debt or request original-creditor information electronically. 

Please accept this as a request for validation, also include the agreement/contract that bears my signature. 

Also cease and desist all communication attempting to collect a debt.

Company response to consumer: Closed with explanation