Consumer complaint received 2018-06-27
Company: Resurgent Capital Services L.P.
State: TX
Product: Debt collection
Sub-product: Other debt
Issue: Written notification about debt
Sub-issue: Didn't receive notice of right to dispute

Complaint:
XXXX XXXX, XXXX, XXXX XXXX on behalf of XXXX XXXX XXXX, who is collecting on behalf of XXXX XXXX INCwas required to notify me prior to XXXX XXXX XXXX, or no later than 30 days after XX/XX/XXXXfailed to notify me about reporting derogatory info. to XXXX, XXXX, and XXXX In section XXXX ( p ) XXXX U.S.C. ss XXXX ( a ) ( 7 ) ( A ) ( I ) ; The notice required under subparagraph ( A ) shall be provided to the customer prior to, or no later than 30 days after XXXX XXXX XXXX, furnishing the negative derogatory information to a consumer reporting agency described in section XXXX ( p ), XXXX U.S.C. ss XXXX ( a ) ( 7 ) ( B ) ( I ). XXXX broke commercial law under XXXX? XXXX that all notices were timely and properly given by dated certified mail receipt. They were not met. First, I never received any correspondence from XXXX XXXX, XXXX, XXXX XXXX. 

A strong presumption of receipt applies when notice is sent by certified mail, because it creates actual evidence of delivery in the form of a receipt. XXXX XXXX v. XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX Cir. XXXX ) ( emphasis added ). A weaker presumption arises where delivery is sent via regular mail, for which no receipt, or other proof of delivery, is generated. Id. In the absence of actual proof of delivery, receipt can be proven circumstantially by introducing evidence of business practices or office customs pertaining to mail. United States XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX Cir. XXXX ). This evidence may be in the form of a sworn statement. Id. at XXXX ; XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX Cir. XXXX ) ( a sworn statement is credible evidence of mailing for the purposes of the mailbox rule. ). However, because the presumption is weak where proof of receipt is attempted solely by circumstantial evidence, we require the affiant to have personal knowledge of the procedures in place at the time of the mailing. XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX Cir. XXXX ). 
The use of certified mail gets the benefit of the presumption only as long as the return receipt is presented. 
See, e.g., XXXX XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX XXXX XXXX Az.XX/XX/XXXX ) .Please see attached pdf documentation EXHIBITS. 

Second the FDCPA ( XXXX XXXX. XXXX ( a ) states Communication with the consumer generally Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt I have not given either company the above written consent to contact me in connection with the collection of any debt alleged. Furthermore in the letter sent the name spelled is XXXX XXXX my name is spelled XXXX XXXX. I have no known relationship with these companies LVNV FUNDING, LLC, XXXX XXXX, and am unaware of how they have obtained my personal identifying information with my knowledge and/or consent. Also, XX/XX/XXXX failed to give me my " XXXX '' five days prior to placing this derogatory item on all of my credit reports, per Section XXXX ( XXXX ) & FDCPA? XXXX, which is {$1000.00} per violation and the state of TX allows treble damages. Under? XXXX. Validations of date and Mini-Mirandi under Section XXXX ( 1 ) XXXX XXXX XXXX, Owner failed to send me my initial communication before placing this alleged derogatory status on my credit reports further violating the FCRA, I understand that according to the Fair Credit Reporting Act, failing to provide this notice can result in a penalty up to {$2500.00} and can be enforced by the FTC, and that my state attorney general can also enforce this with a {$1000.00} penalty as well.

Company response to consumer: Closed with explanation