Consumer complaint received 2024-10-15
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)

It has become blatantly clear that your company has been caught in numerous lies throughout this process. We are providing a copy of the credit report pulled on XX/XX/XXXX, which clearly shows that no account, allegedly opened on XX/XX/XXXX, was present on any of the three major credit bureaus ( XXXX, XXXX, or XXXX ). Your claim that this account was reported at that time is false, and we have evidence to prove it. This account only appeared recently, and your attempt to backdate it is further proof of your fraudulent reporting tactics. 

If you wish to continue playing these games, you are welcome to leave the account on my credit profile and find out the hard way. I am no longer willing to tolerate your deceit and manipulation. You can explain these false reports, and all the additional inside information we have gathered about LVNV Funding LLC and XXXX XXXX XXXX, to the FBI, XXXX  XXXX XXXX, and the Department of Justice. Every deceptive move you make only strengthens the case against you. I have no more patience for your dishonesty, and you will be held accountable for your illegal actions. so I am writing to formally dispute the newly reported account from LVNV Funding LLC, placed on my credit file for the amount of {$260.00} WITH ORGINAL CRDEITOR XXXX WEBBANK and allegedly opened on XX/XX/XXXX. This letter serves as a demand for immediate correction and a cease-and-desist regarding any further collection activities or reporting of this or any other account that has not been properly validated. This account has been reported to all three major credit bureaus ( XXXX, XXXX, and XXXX ) without legal notice or validation. 

XXXX. Violations of Federal Criminal Statutes : Mail Fraud, Wire Fraud, and RICO Violations Your company has repeatedly engaged in fraudulent behavior, which I have documented and have proof of. This behavior constitutes Mail Fraud ( 18 U.S.C. 1341 ), Wire Fraud ( 18 U.S.C. 1343 ), and violations of the Racketeer Influenced and Corrupt Organizations Act ( RICO ), 18 U.S.C. 1961-1968. You have been complicit in providing falsified and misleading information across multiple credit bureaus, engaging in a pattern of illegal activity, including the fraudulent reporting of new accounts.

Mail Fraud ( 18 U.S.C. 1341 ) : In handling both this and previous accounts, your company has failed to send legally required notices, including adverse action notices, to my correct address or provide any proof of mailing or delivery confirmation. Federal law mandates that debt collectors and data furnishers must maintain records of delivery, particularly when reporting adverse actions or attempting to collect a debt. In this instance, you reported a new account without providing me any notice or documentation, intentionally bypassing my right to respond or dispute the debt. By failing to send the required notices and falsely claiming compliance with federal law, you have engaged in mail fraud. Your deliberate failure to provide notification, combined with the false reporting of this new account, demonstrates a calculated effort to mislead and obstruct my ability to address the matter, constituting a serious violation of federal law.The elements of mail fraud under 18 U.S.C. 1341 are well established : ( 1 ) devising or intending to devise a scheme to defraud, and ( 2 ) using the mail to execute or attempt to execute the scheme. This is confirmed by Schmuck v. United States, 489 U.S. 705, 721 n.10 ( 1989 ), and Pereira v. United States , 347 U.S. 1, 8 ( 1954 ). In this case, the word attempt plays a critical role. Your company admitted to sending notices, but also admitted to failing to retain proof of mailing or delivery. The U.S. Postal Service ( USPS ) provides receipts as verifiable proof of mailing, and there is no valid excuse for not having such documentation if the mailing had actually occurred. The fact that you claim to have sent notices but can not provide USPS receipts confirms that you were either attempting to send false or incomplete notifications or did not send them at all EITHER WAY ITS MAIL FRAUD. This deliberate lack of proof and your reliance on these false claims to justify the reporting of this account constitutes an attempt to execute a scheme to defraud, fulfilling both elements of mail fraud under federal law.

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Wire Fraud ( 18 U.S.C. 1343 ) : The actions of LVNV Funding LLC and XXXX XXXX XXXX meet the four essential elements of wire fraud, as established in United States v. Profit, United States v. Hanson, and related cases. First, both companies voluntarily and intentionally participated in a scheme to defraud, by knowingly transmitting false and inaccurate information to all three major credit bureaus ( XXXX, XXXX, and XXXX ), as well as to myself, without validation or proper notification, in an attempt to damage my credit profile. Second, YOU did so with intent to defraud, as shown by YOUR repeated failure to validate the debt, and intentional reporting of derogatory information, despite having knowledge of its inaccuracy. Third, it was reasonably foreseeable that interstate wire communications would be used in this scheme, as YOUR reporting and communication relied on electronic systems used by the credit bureaus and regulatory agencies. Fourth, interstate wire communications were in fact used, as LVNV Funding and XXXX XXXX XXXX communicated false information via electronic means not only to the credit bureaus but also by submitting fraudulent responses to the Consumer Financial Protection Bureau ( CFPB ) and lying to the Office of the Comptroller of the Currency ( OCC ), which initiated the complaint with the CFPB on my behalf. This misuse of interstate wire communications to deceive both me and federal authorities constitutes a direct violation of the wire fraud statute under 18 U.S.C. 1343.

RICO Violations ( 18 U.S.C. 1961-1968 ) : LVNV Funding LLC and XXXX XXXX XXXX are engaged in a pattern of racketeering activity, as defined by the XXXX Influenced and Corrupt Organizations Act ( RICO ), through repeated violations of mail fraud ( 18 U.S.C. 1341 ) and wire fraud ( 18 U.S.C. 1343 ). To establish a RICO violation, the law requires a pattern of at least two predicate acts of racketeering activity within a XXXX period. In this case, LVNV Funding and XXXX have consistently employed both mail fraud and wire fraud as tools to execute their scheme to defraud, by falsely reporting unvalidated debts, sending notices to incorrect addresses, and transmitting inaccurate information to all three credit bureaus and regulatory agencies. These actions meet the threshold for RICO violations as defined by Schmuck v. United States, 489 U.S. 705 ( 1989 ) and subsequent cases, as LVNV and Resurgent participated in a coordinated effort to manipulate my credit profile, using interstate communications and mail services to further their fraudulent scheme. This pattern of deceitful and illegal behavior directly impacts not only my financial standing but also violates 18 U.S.C. 1962 ( c ), which prohibits any person employed by or associated with an enterprise from participating in the enterprises affairs through a pattern of racketeering activity. These acts are not isolated but are part of a broader, intentional scheme to deceive both myself and federal agencies, demonstrating a clear criminal enterprise under the RICO Act.

2. Failure to Provide Proof of Delivery and Legal Requirements for Notification As I have documented, your company has admitted to not retaining proof of delivery for critical communications. This is a violation of the Fair Debt Collection Practices Act ( FDCPA ) and Fair Credit Reporting Act ( FCRA ), as you are required to provide verifiable notice before reporting adverse information to the credit bureaus.

FDCPA ( 15 U.S.C. 1692g ) : You are required to provide written notice of any debt within five days of the first communication, which must include the amount of the debt, the name of the creditor, and information about the consumers right to dispute the debt. You have failed to provide any proof that you sent the required notice to my correct address. Without proof of proper notice, your actions are illegal.

FCRA ( 15 U.S.C. 1681s-2 ( a ) ) : You have failed to ensure the accuracy of the information furnished to the credit bureaus and are continuing to report false and unverified information. Your failure to properly notify me of this derogatory account prior to reporting it constitutes a violation of the FCRA.

3. Continuing Abusive Practices and Illegal Reporting Across All Credit Bureaus In addition to the improper mailing practices, you have engaged in abusive collection practices by continuing to report unvalidated and fraudulent accounts across all three credit bureaus. You reported this new account, allegedly opened in XX/XX/XXXX, only within the past few days, with no prior communication or validation of this debt. This sudden reporting without proper procedures or legal notification is a direct violation of FDCPA ( 15 U.S.C. 1692d ), which prohibits harassment, oppression, and abuse through debt collection efforts.

4. Breach of Cease-and-Desist Demand In previous communications, I explicitly instructed your company to cease and desist all collection activities and reporting of any accounts that have not been properly validated. Despite this demand, you have violated the directive by introducing a new account that was not validated, notified, or lawfully reported. This breach of my cease-and-desist order further underscores your willful non-compliance with federal laws.

5. More Federal Laws Violated Your company has also violated several other laws in addition to those mentioned above : 18 U.S.C. 1028 ( Identity Theft ) : Given that this new account was not opened by me, you are complicit in the fraudulent use of my personal information, making you liable for identity theft.

18 U.S.C. 1349 ( Conspiracy to Commit Fraud ) : Your continuous pattern of reporting false information, working alongside creditors and reporting agencies, amounts to conspiracy to commit fraud under federal law.

15 U.S.C. 1681m : You failed to provide adverse action notices under the FCRA, as required by law, which constitutes further negligence and misconduct in handling my personal data.

18 U.S.C. 241 ( Conspiracy Against Rights ) : You have conspired to infringe upon my rights as a consumer by unlawfully reporting fraudulent accounts and continuing collection activities, causing financial harm and distress.

6.Improper and Delayed Reporting Raises Further Questions AS AFROMENTIONED ABOVE This account was not reported to the credit bureaus when it allegedly opened in XX/XX/XXXX. It only appeared on my credit report within the last few days, despite having been opened months ago ( ACCORIDNG TO YOUR REPORTING ). This unexplained delay in reporting, combined with the lack of notification or validation, further suggests improper procedures and potential backdating of account details. 
Moreover, it demonstrates that your reporting practices are unreliable and likely fraudulent, designed to harm my credit profile at strategically damaging moments. Your actions reflect a clear pattern of deception, and this behavior can not continue unchecked.