Consumer complaint received 2024-04-09
Product: Debt collection — Credit card debt
Issue: Took or threatened to take negative or legal action — Threatened or suggested your credit would be damaged
Company: Resurgent Capital Services L.P. (FL)

I recently received a correspondences from a debt collector LVNV FUNDING LLC have furnished a collection account on my reports claiming I XXXX XXXX owe you. But I cant recall ever doing any business of dealings with this company. Also seeing that this is the state of Florida ; it has also been brought to my attention. That this debt collector is required under the XXXX Florida Consumer Collection Protection Act requires all debt collectors to be registered with the state of Florida ; this includes any debt collection business outside the state of Florida. And seeing that I cant find any business licensing that would bond them this state, shows me they have no legal authority to even collect on such debt in question.

There for leading me to believe this is nothing other than an illegal attempt to claim a debt. And a clear violation of the FDCPA. Specifically 15 USC 1692e ( 10 ) -False and Misleading representations. The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. As well as a violation of 15 USC 1692f Unfair Practices- A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. 
And seeing that you arent licensed in the state of Florida which is a requirement under the XXXX. Specifically under the Florida Statutes 559.553 ( 1 ), which states a person may not engage in the business of debt collection without first registering with the State as a consumer collection agency. The XXXX requires that a debt collector obtain Florida registration and approval before initiating collection actions in Florida state against debtors. 
So seeing that this is a clear violation of the FDCPA due to there failure to register with the state before initiating any collection attempt. Which can be proven by accessing the XXXX Consumer Access webpage and the Florida XXXX XXXX XXXX XXXX ; you can clearly see that they do not have any licensing in the state of Florida as a Debt Collector. 
So at this time Im going to ask that you DELETE this reporting from my consumer reports as your are intentionally trying to mislead me into believing this is a valid attempt to collect a debt when in fact you lack the requirements that shouldve been in place before attempting to collect on this debt. Especially seeing that I never had any contractual nor business engagements with your company. And seeing that Florida Statutes 559.553 ( 1 ), states a person may not engage in the business of debt collection without first registering with the State as a consumer collection agency. Fla. Stat. 559.553 ( 1 ). This XXXX requirement that a debt collector obtain Florida registration and approval before initiating collection actions in Florida state courts against debtors. And without first registering and obtaining State approval under the XXXX, would only constitute a violation of both the XXXX and FDCPA specifically the sections that govern false, deceptive, and misleading misrepresentations. As you are trying to mislead me into believing this is a valid debt when in fact you dont even have the legal requirements set in place to pursue this debt. 
I also advice your company and legal team look at the case XXXX vs XXXX XXXX XXXX, 601F.3d 1185 ( 11th Cir. XXXX ) were the XXXX circuit rewarded XXXX settlement. After they found that a violation of the XXXX Florida Consumer Collection Practice Act for failure to register with the state of Florida. Does in fact support a federal cause of action under the FDCPA