Consumer complaint received 2024-04-11
Product: Debt collection — Credit card debt
Issue: Written notification about debt — Didn't receive notice of right to dispute
Company: Resurgent Capital Services L.P. (NY)

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XX/XX/2024 Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXX : Formal Complaint Against Debt Collection Practices Dear Consumer Financial Protection Bureau , I am writing to file a formal complaint regarding multiple violations of federal debt collection and credit reporting laws by a debt collection agency currently claiming I owe a debt. I am disputing all such debt claims made by this agency, and I request that they cease all forms of communication with me as allowed under Section 805 ( c ) of the Fair Debt Collection Practices Act ( FDCPA ).

Debt Validation and Documentation Request : As part of my rights under federal law, I am requesting a full validation of the claimed debts. Specifically, I require the following information : 1. A detailed account statement indicating the amount of the debt and any additional fees or charges.

2. Copies of the original agreements that purportedly obligate me to the debt, including any proof of the transfer of ownership of the debt from the original creditor.

3. Evidence confirming that the agency is licensed and bonded to collect debts in my state.

Summary of Violations : - Violation of Debt Validation Requirements : The agency has placed information regarding this alleged debt on my credit report without providing me with the requisite validation documentation as required by 12 CFR 1006.34 ( b ) ( 5 ). This lack of transparency is distressing and affects my credit score unjustly.

- Failure to Allow Debt Dispute : Contrary to federal regulations outlined in 12 CFR 1006.34 ( c ) ( 4 ) ( i ), the agency did not provide an opportunity to dispute the debt before reporting it to the credit bureaus. This denies me the critical right to verify and potentially contest the debt.

- Deceptive Collection Practices : There are indications that the agency may be employing deceptive, misleading, or false tactics in their collection efforts. Such actions are clearly prohibited under consumer protection laws designed to ensure fair debt collection practices.

- Unauthorized Credit Reporting : The agency has reported information to consumer reporting agencies without adhering to required legal disclosures as specified by 12 CFR 1006.34 ( d ) and 15 USC 1681-S2 ( 7 ) ( A ), misleading potential creditors about my creditworthiness.

Given the serious nature of these concerns, I urge the CFPB to investigate these practices thoroughly. I also request that the agency be directed to cease all communications with me in compliance with my rights under FDCPA, Section 805 ( c ). This should include an immediate stop to all phone calls, letters, and electronic communications regarding the alleged debt.

I trust that the CFPB will handle this issue promptly and ensure the agency adheres to all applicable laws, preventing further harm and distress.

Thank you for your attention to this urgent matter. I look forward to your swift action and response. 

Sincerely, XXXX XXXX