Consumer complaint received 2024-09-16
Product: Debt collection — I do not know
Issue: Written notification about debt — Didn't receive notice of right to dispute
Company: Resurgent Capital Services L.P. (TX)

Sent via Certified Mail This is to formally demand that you cease and desist all collection activities related to the alleged debt associated with account number XXXX, which you claim I owe. Your attempts to collect this debt are unwarranted and constitute harassment under federal law for the following reasons : XXXX. Fraudulent Origination of the Alleged Debt The alleged debt you are attempting to collect was opened and incurred fraudulently without my knowledge or consent. The account was established using fraudulent addresses and personal information, which I have previously disputed and identified as fraudulent. Under the Identity Theft and Assumption Deterrence Act ( 18 U.S.C. 1028 ), I am not liable for debts resulting from identity theft or fraud.

2. Lack of Legal Basis for Collection Since the alleged debt was fraudulently obtained, you have no legal right to collect on it. Any documentation or evidence you may have acquired from the original creditor is invalid due to its fraudulent origin. Pursuant to 15 U.S.C. 1692e ( 2 ) ( A ), it is a violation to falsely represent the character, amount, or legal status of any debt. Continuing to pursue collection under these circumstances is unlawful. Also Your continued attempts to collect a debt that was fraudulently incurred, despite being informed of its illegitimate nature, may constitute fraud under federal and state laws. Under 15 U.S.C. 1692e ( 10 ), it is unlawful to use any false representation or deceptive means to collect or attempt to collect any debt. By attempting to collect this debt, you are misrepresenting its validity and your legal right to collect it. 

3. Failure to Send Adverse Action Notices to the Correct Address You have failed to send any adverse action notices or required communications regarding this alleged debt to my correct and current address. Under 15 U.S.C. 1692g ( a ) of the FDCPA, you are required to provide a written notice of the debt, including the amount and the name of the original creditor, within five days of your initial communication. Your failure to comply deprives me of my right to dispute the debt and violates federal law.

4. Reporting of Invalid Debt to Credit Bureaus By reporting this fraudulent and invalid debt to consumer reporting agencies, you are violating the Fair Credit Reporting Act ( FCRA ), specifically 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ), which prohibits furnishing information to credit bureaus that you know or have reasonable cause to believe is inaccurate. You are obligated to correct and remove any such information from my credit reports. 

5. Harassment and Aggressive Collection Attempts Your continued attempts to collect this alleged debt, despite its fraudulent nature and without a legal basis, constitute harassment under 15 U.S.C. 1692d, which prohibits conduct that harasses, oppresses, or abuses any person in connection with the collection of a debt. This includes repeated attempts to collect a debt that is not owed. Your actions demonstrate willful non-compliance with federal laws designed to protect consumers from fraudulent and unfair debt collection practices. Continuing to collect on a debt you know is fraudulent may also constitute fraud under state and federal laws, including but not limited to : Mail Fraud ( 18 U.S.C. 1341 ) : If you have used mail services to attempt to collect this fraudulent debt, you may be in violation of federal mail fraud statutes. 
Wire Fraud ( 18 U.S.C. 1343 ) : If you have used electronic communications in your collection attempts, this may constitute wire fraud.

Fraudulent Misrepresentation : Knowingly making false representations with the intent to deceive and cause harm is actionable as fraud under common law principles.

Demand for Immediate Action In accordance with my rights under federal law, I demand that you : Cease and desist all collection activities related to this alleged debt immediately.

Remove any and all information related to this alleged debt from all consumer reporting agencies to which you have reported it, as required by 15 U.S.C. 1681s-2 ( a ) ( 2 ) of the FCRA. 

Provide written confirmation that you have ceased all collection efforts and have instructed all credit bureaus to delete the fraudulent information from my credit reports. 

Please note that you can not validate this debt due to its fraudulent origin and lack of legitimate documentation. Therefore, any further attempts to collect or validate this debt will be considered a willful violation of federal law.

Notice of Intent Failure to comply with these demands will leave me no choice but to file formal complaints with the Federal Trade Commission ( FTC ), the Consumer Financial Protection Bureau ( CFPB ), and the Attorneys General of both my state and your company 's state. Additionally, I am prepared to pursue all available legal remedies, including filing a lawsuit against LVNV Funding LLC for violations of the FDCPA and the FCRA.

Each further unauthorized contact or failure to act will be documented and considered a separate violation, subject to statutory damages under 15 U.S.C. 1692k.

Conclusion I trust that you will act promptly to resolve this matter in compliance with federal law. All future communications with me must be in writing and sent to the address noted above. Do not contact me by phone.