Consumer complaint received 2024-04-14
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. (PA)

Upon reviewing the provided text, I have identified potential violations of the Fair Credit Reporting Act ( FCRA ) and the Fair Debt Collection Practices Act ( FDCPA ). 
If XXXX bank wrote off this account that means that it has now become Income, which I paid taxes on, so how can I owe a company that I never contracted with for income I received and pay taxes on very illegal and seems like tax fraud on behalf of XXXX, lvnvfunding, And, resurgent capital services 1. FCRA Violation : The text contains information about the consumer 's account, including the account number, original creditor, and current owner. Under the FCRA, when a debt collector communicates with a consumer, they must disclose that any information obtained will be used for the purpose of collecting the debt ( 15 U.S.C 1681b ( d ) ( 1 ) ). This disclosure is missing from the provided text.

2. FDCPA Violation : The text includes statements suggesting that the account may be forwarded to an attorney for review and possible lawsuit. However, under the FDCPA, a debt collector can not use false, deceptive, or misleading representations in connection with the collection of any debt ( 15 U.S.C 1692e ). Therefore, statements that imply or create a false sense of urgency or imminent legal action could be seen as misleading.

Additionally, the text does not include the required validation notice, which should be provided within five days of the initial communication and inform the consumer of their right to dispute the debt ( 15 U.S.C 1692g ( a ) ). 
Re : Response to Complaint - Case Number XXXX Dear XXXX XXXX, I am writing in response to your letter dated XX/XX/year>, regarding my complaint filed with the Consumer Financial Protection Bureau XXXX CFPB ) against XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX '' ) regarding my XXXX XXXX  XXXX credit card account ending in XXXX ( the " Account '' ). I appreciate your attention to this matter. 
In my complaint, I raised concerns about XXXX inaccurately reporting information about my Account to credit reporting agencies and unauthorized sharing of information with these agencies. I also mentioned XXXX 's obligation to comply with federal regulations. As a result of these issues, I requested compensation in the amount of {>= $1,000,000}, plus interest and penalties. 
I note your statement that XXXX is compliant with all laws and regulations. However, I must bring to your attention that XXXX 's response does not address the specific issue I raised regarding the Fair Credit Reporting Act ( FCRA ) violation. According to the FCRA Section 611 ( a ) ( 1 ) ( A ), credit reporting agencies are required to conduct a reasonable investigation within 30 days of receiving a consumer 's dispute. In my initial complaint, I stated that I did not receive a response from XXXX until [ Date ], which is well beyond the 30-day timeframe mandated by the FCRA. This delay in responding to my dispute constitutes a violation of my rights under the FCRA. 
Furthermore, I would like to emphasize that XXXX 's reference to previous responses to similar complaints does not absolve XXXX of its responsibility to address my specific concerns and provide a satisfactory resolution. Each consumer 's situation is unique, and it is essential for XXXX to conduct a thorough investigation into my dispute and provide a timely and appropriate response. 
Based on the FCRA, I am entitled to seek actual damages, statutory damages, and reasonable attorney 's fees and costs. Therefore, I demand compensation in the amount of {>= $1,000,000}, plus interest and penalties, as monetary relief for the violations committed by XXXX. 
I expect a prompt response to this letter within 30 days from the date of receipt. Failure to provide a satisfactory response or to offer appropriate monetary relief may result in further legal action to protect my rights under the FCRA. 

Please be aware that I am keeping a record of all correspondence and actions related to this matter. I am prepared to take necessary legal steps to ensure that my rights are upheld and that appropriate remedies are provided. 
It is important for debt collectors to adhere to the FCRA and FDCPA to ensure that consumers are properly informed about their rights and treated fairly during the debt collection process. Failure to comply with these laws may result in legal consequences.