Consumer complaint received 2022-12-23
Company: Resurgent Capital Services L.P.
State: GA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
Account Name : Resurgent/LVNV Funding Account Number : XXXX Account Type : Debt Buyer Responsibility : Individual Date Opened : XX/XX/XXXX Status : Collection Account. {$8200.00} past due as of XX/XX/XXXX. 
Status Updated : XX/XX/XXXX Balance : {$8200.00} Balance Updated : XX/XX/XXXX Recent Payment : $ 0 Monthly Payment : {$0.00} Original Balance : - Highest Balance : {$0.00} Terms : 1 Months On Record Until : XX/XX/XXXX This collection appeared on my XXXX and XXXX credit reports however I disputed this account with XXXX as this account is unknown as this has numerous federal violations in the information. However this account was verified by experian. Then after this account also appeared on my XXXX Report. 

Under 15 USC Chapter 41, Subchapter V : Debt Collection Practices specifically section 1692g. 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 ( 5 ) a statement that, upon the consumer 's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

LVNV failed to follow the steps outlined within in the timeframe allowed by the law. The first communication was made via email XX/XX/XXXX at XXXX EST which has been attached as " exhibit A initial communication. '' According to the 1692a. Definitions As used in this subchapter ( 1 ) The term " Bureau '' means the Bureau of Consumer Financial Protection.

( 2 ) The term " communication '' means the conveying of information regarding a debt directly or indirectly to any person through any medium.

( 3 ) The term " consumer '' means any natural person obligated or allegedly obligated to pay any debt.

( 4 ) The term " creditor '' means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another.

( 5 ) The term " debt '' means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment.

( 6 ) The term " debt collector '' means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due 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, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purpose of section 1692f ( 6 ) of this title, such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests. The term does not include ( A ) any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor ; ( B ) any person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for persons to whom it is so related or affiliated and if the principal business of such person is not the collection of debts ; ( C ) any officer or employee of the United States or any State to the extent that collecting or attempting to collect any debt is in the performance of his official duties ; ( D ) any person while serving or attempting to serve legal process on any other person in connection with the judicial enforcement of any debt ; ( E ) any nonprofit organization which, at the request of consumers, performs bona fide consumer credit counseling and assists consumers in the liquidation of their debts by receiving payments from such consumers and distributing such amounts to creditors ; and ( F ) any person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent such activity ( i ) is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement ; ( ii ) concerns a debt which was originated by such person ; ( iii ) concerns a debt which was not in default at the time it was obtained by such person ; or ( iv ) concerns a debt obtained by such person as a secured party in a commercial credit transaction involving the creditor.

( 7 ) The term " location information '' means a consumer 's place of abode and his telephone number at such place, or his place of employment.

( 8 ) The term " State '' means any State, territory, or possession of the United States, the District of Columbia, the XXXX of XXXX XXXX, or any political subdivision of any of the foregoing. 

The 5 days AFTER the initial communication would be would be the XX/XX/XXXX and i have attached all emails sent within in that time frame and none of the communication listed any of the required statements under the law : ( 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 ( 5 ) a statement that, upon the consumer 's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

Company response to consumer: Closed with explanation