Consumer complaint received 2024-07-31
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: Resurgent Capital Services L.P. (FL)

XXXX and the Debt Collectors are reporting False information on my credit report!!

15 USC 1681 ( a ) Accuracy and fairness of credit reporting, The Congress makes the following findings : ( 1 ), ( 2 ), ( 3 ), ( 4 ), ( b ), 12 CFR 1002.2 ( w ), 1002.5 Rules concerning requests for information. ( 1 ) Requests for information. Except as provided in paragraphs ( b ) through ( d ) of this section, a creditor may request any information in connection with a credit transaction. This paragraph does not limit or abrogate any Federal or state law regarding privacy, privileged information, 15 USC 1681d credit reporting limitations, or similar restrictions on obtainable None of the Debt Collectors and XXXX send me a Validation of Debt or 15 USC S 802 and 15 USC S 804. Acquisition of location information 15 USC 1692b Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall ( 1 ) Identify himself, state that he is confirming or correcting location information concerning the consumer, and only if expressly requested, identify his employer ; ( 2 ) Not state that such consumer owes any debt ; ( 3 ) Not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information.

( 4 ) Not communicate by postcard ; ( 5 ) Not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicated that the debt collector is in the debt collection business or that communication relates to the collection of a debt ; and S 805. Communication in connection with debt collection 15 USC 1692c ( a ) 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- ( 1 ) At any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 oclock antemeridian and before 9 o clock postmeridian, local time at the consumers location ; ( b ) Communication with third parties except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court competent jurisdiction, or as reasonably necessary to effectuate a post judgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector. ( Note : I did not give consent to any Debt collector to report to Third parties companys, XXXX, XXXX, XXXX, XXXX or any other third parties company this is a violation ) ( c ) Ceasing communication if a consumer notifies a debt collector to cease further communication with the consumer, the collector shall not communicate further with the consumer with respect to such debt, except- ( 1 ) To advise the consumer that the debt collectors further efforts are being terminated ; ( 3 ) Where applicable, to notify the consumer that the debt collector or creditor intends to inboke a specified remedy. If such notice form the consumer is made by mail, notification shall be complete upon receipt.

S 806. Harassment or abuse 15 USC 1692d -A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 9 ) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, or official. Or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval.

( 10 ) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.

( 11 ) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, which the debt collector Is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communication that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.

( 12 ) The false representation or implication that accounts have been turned over to innocent purchase for value.

( 13 ) The false representation or implication that documents are legal process.

( 14 ) The use of any business, company, or organization name other than the true name of the debt collectors business, company, or organization. ( OTHER NAMES OF BUSINESS FRAUD ) ( 15 ) False representation or implication that documents are not legal process forms or do not require action by the consumer.

( 16 ) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 603 ( f ) of this Act 15 USC 1692f S 808. Unfair Practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : S 809. 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 consumers 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.

( b ) Disputed debts, If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) of this section that the debt, or any portion thereof, is disputed or that the consumer requests the names and addresses of the original creditor, the debt, or any portion thereof until the debt collector obtains verification or the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be to dispute the debt or request the name and address of the original creditor.

( e ) Notice provisions, the sending or delivery of any form or notice which does not relate to the collection of a debt and is expressly required by title 26, title V of Gramm-Leach-Bliley Act [ 15 U.S.C. 680 et seq. ], or any provision of Federal or State law relating to notice of data security breach or privacy, or any regulation to notice of data security breach or privacy, or any regulation prescribed under any such provision of law, shall not be treated as an initial communication in connection with debt collection for purposes of this section.

S 812. Furnishing certain deceptive forms ( a ) It is unlawful to design compile and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt ( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 813 for failure to comply with a provision of this title.

S 813. Civil liability 15 USC 1692k ( a ) Amount of damages except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of- ( 1 ) Any actual damage sustained by such a person as a result of such failure ; ( 2 ) ( a ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00} ; or ( c ) Jurisdiction- An action to enforce any liability created by this title may be bought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within one year from the date on which the violation occurs S 814. Administrative enforcement 15 USC 1692 ( a ) Federal Trade Commission the FTC shall be authorized to enforce compliance with this subchapter, except to the extent that enforcement of the requirements imposed under this subchapter is specifically committed to another Government agency under any of paragraphs ( 1 ) through ( 5 ) of subsection ( b ), subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ] a violation of this subchapter shall be deemed an unfair or deceptive act or practice in violation of that Act. All of the functions and powers of the Federal Trade Commission under the Federal Trade Commission Act are available to the FTC to enforce compliance by any person with this subchapter, irrespective of whether that person is engaged in commerce or meets any other jurisdictional tests under the FTCA, including the power to enforce the provisions of this subchapter, in the same manner as if the violation had been a violation of a FTC trade regulation rule.

S 815. Reports to Congress by the Bureau : views of other Federal agencies 15 USC 1692m S 816. Relation to State laws 15 USC 1692n This title does not annul, alter, or affect, or exempt any person subject to the provisions of this title from complying with the laws of any State with respect to debt collection practices, except to the extent that those laws are inconsistent with any provision of this title, and then only to the extent that those laws are inconsistent with any provision of this title, and then only to the extent of the inconsistency. For purposes of this section, a State Law is not inconsistent with this title if the protection such law affords any consumer is greater than the protection provided by this title.