Consumer complaint received 2024-05-12
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: Resurgent Capital Services L.P. (CA)

Once again validate the alleged debt that you claim that I owe, RESURGENT/LVNV FUNDING can not prove is mine. RESURGENT/LVNV FUNDING have violated my consumer rights under the Fair Debt Collection Practices Act ( FDCPA ) 15 USC 1692 ( g ) b Validation of debts. You { RESURGENT/LVNV FUNDING } failed to validate this alleged debt. I refuse to pay this alleged debt until the proper validation of this debt is provided. Please cease and desist all collection activities until you can properly validate this alleged debt. Furthermore, I request verification of the alleged debt, specifically, a copy of a contract or agreement. Said contract or agreement must be with the original creditor and signed by all parties involved. You are illegally attempting to collect this alleged debt and money that I do not owe. This Cease and desist include but not limited to any collection attempts and or reporting of this account to any CONSUMER REPORTING AGENCY.15 USC 1692c ( c ). FDCPA 811 [ 15 USC 1692i ] Legal actions by debt collectors ( a ) Venue Any debt collector who brings any legal action on a debt against any consumer shall -- ( 1 ) in the case of an action to enforce an interest in real property securing the consumer 's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located ; or ( 2 ) in the case of an action not described in paragraph ( 1 ), bring such action only in the judicial district or similar legal entity -- ( A ) in which such consumer signed the contract sued upon ; or ( B ) in which such consumer resides at the commencement of the action. ( b ) Authorization of actions Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collectors. By the way, if you ever decide to turn this alleged debt over to an attorney to collect and violate my rights under the FDCPA 15 USC 1692 even further, just keep in mind that an attorney can not be a debt collector and a debt collector can not be an attorney. FDCPA 807 [ 15 USC 1692 ( e ) ( 3 ) ] False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : The false representation or implication that any individual is an attorney or that any communication is from an attorney. You dont believe me? Ok, let me show you what the law says : FDCPA 813 [ 15 USC 1692k ] Civil liability ( a ) Amount of damages Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter 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 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}. Your Options are as follows : Delete this account and cease and desist with all collection activities ; Settlement ; or We go to court and you incur lawyer fees, plus pay me Actual damages plus legal fees CEASE AND DESIST PURSUANT 15 USC 1692c ( c ) FOR ACCOUNT # XXXX just inform you that you have unlawfully reported an alleged debt to my consumer report. Under the New Rule REGULATION F which took effect XX/XX/2021, You { RESURGENT/LVNV FUNDING } You have violated the FDCPA XXXX and its new rule by parking this alleged debt on my consumer reports. Cease and Desist the reporting of this alleged XXXX immediately or I will escalate this matter to taking legal action. I have not given you written permission to put anything on my credit profile 15 USC 1681b2. You have no permissible purpose by law to contact third parties with my private or personal information. Your offenses amount to Aggravated Identity Theft pursuant to 18 U.S.C. 1028A. I have not in anyway opened any account to be in collection this is identity theft and fraudulent placement on my credit report.