Consumer complaint received 2025-02-07 00:00:00
Product: Debt collection — Medical debt
Issue: Communication tactics — Frequent or repeated calls
Company: Resurgent Capital Services L.P.
State: MA

Complaint narrative:
Subject : Formal Complaint Against RESURGENT Capital Services for Unlawful Debt Collection Activities and Harassment I. Summary of Complaint This complaint is filed against RESURGENT Capital Services for blatant violations of federal and state laws, including the Fair Debt Collection Practices Act ( FDCPA ) and Massachusetts debt collection regulations. RESURGENT Capital Services is unlawfully attempting to collect a debt that is beyond the six-year statute of limitations for commercial debt in Massachusetts ( MGL c. 260 2 ). Furthermore, their illegal harassment has involved multiple unauthorized contacts with family members and third parties, failure to identify themselves as a debt collector under the FDCPA, failure to provide the XXXX warning, and failure to validate the debt despite a formal written dispute. 

Their misconduct has caused unnecessary stress, reputational harm, and financial intimidation, warranting full investigation and enforcement action. 

II. New CFPB Rule Impact on Unlawful Debt Collection On XXXX XXXX, XX/XX/XXXX the CFPB finalized a rule prohibiting medical bills from appearing on credit reports and preventing lenders from considering medical debt when making lending decisions. This rule is critical to protecting consumer privacy and ensuring that individuals are not pressured into paying inaccurate or disputed bills. 

In my case, RESURGENTs actions violate the spirit of this rule by using improper and outdated debt to pressure me. Their reliance on time-barred debt collection, combined with attempts to harm my credit, demonstrates their disregard for recent consumer protections.

III. Details of Complaint Alleged Creditor : LVNV Funding, LLC Account Number : XXXX - XXXX Amount Claimed : {$1400.00} History of Events : On XX/XX/XXXX, I received an initial communication from RESURGENT Capital Services legal counsel, XXXX XXXX XXXX, regarding the alleged debt. 

On XX/XX/XXXX, I responded with a formal dispute letter ( sent via Certified Mail with tracking # XXXX ) requesting validation of the debt under Section 809 ( b ) of the FDCPA. My letter requested critical documentation, including : Proof of the original debt, including a copy of the signed agreement establishing liability.

A complete payment history, detailing how the {$1400.00} amount was calculated.

Evidence that LVNV Funding, LLC legally owns the debt and that RESURGENT Capital Services is authorized to collect it.

Despite my lawful request, RESURGENT has failed to provide any of the requested validation documents. Instead, they have escalated illegal collection practices, including : Failure to provide the XXXX warning : At no point in their communications did RESURGENT properly identify themselves as a debt collector or provide the required Mini-Miranda warning as mandated under the FDCPA ( Section 807 ( 11 ) ). The XXXX warning is essential for consumers to understand their rights and the nature of the communication. 
Failure to identify themselves : RESURGENT failed to clearly identify their company in phone communications, making it difficult to verify the legitimacy of the call. This is a violation of the FDCPAs requirement to provide clear identification and proper disclosures.

Contacting third parties ( family members and individuals outside my household ) through repeated phone calls and text messages without my authorization.

Harassing communications intended to pressure me by using family and acquaintances as intermediaries.

Misleading and coercive tactics, including claiming the debt is collectible despite being time-barred under Massachusetts law .

IV. Legal Violations Violation of the Massachusetts Statute of Limitations ( MGL c. 260 2 ) : The debt, originally incurred more than six years ago, is beyond the legally enforceable period for collection. Under Massachusetts law, commercial debt collections are limited to six years.

RESURGENTs continued efforts to collect this debt despite the expiration of the statute of limitations is a clear violation of my consumer rights and amounts to deceptive and unfair practices.

Violations of the Fair Debt Collection Practices Act ( FDCPA ) : Section 807 ( 11 ) - Failure to Provide Mini-Miranda : RESURGENT failed to include the XXXX warning stating that the communication was an attempt to collect a debt and that any information obtained would be used for that purpose. This is a critical violation as it deprives consumers of necessary disclosures to understand their legal rights.

Section 807 ( 14 ) - Failure to Identify : RESURGENT did not properly identify themselves during phone communications, a clear violation of the FDCPAs requirement for collectors to disclose their identity.

Section 805 ( b ) of the FDCPA prohibits contacting third parties about a debt without the consumers consent. RESURGENT violated this provision by contacting family members and disclosing details about the debt in an effort to coerce payment.

Section 806 prohibits harassment and abuse. RESURGENTs repeated, unwanted contact with third parties and failure to honor my request to cease collection activities constitute harassment.

Section 809 ( b ) requires a debt collector to cease all collection efforts until validation of the debt is provided. RESURGENT has ignored my validation request and continued its collection efforts, in violation of the law.

Violation of Massachusetts Debt Collection Regulations ( 940 CMR 7.00 ) : 940 CMR 7.04 ( 1 ) ( f ) prohibits contacting individuals outside the consumers household unless expressly authorized. RESURGENT contacted third parties, violating this provision.

940 CMR 7.07 ( 18 ) prohibits attempting to collect a debt that is time-barred. RESURGENT knowingly violated this regulation by attempting to collect a debt that is no longer legally enforceable.

V. Impact of RESURGENT Capital Services Conduct The harassment and intimidation tactics employed by RESURGENT have caused significant emotional distress and reputational damage. My family members and associates were wrongly involved in this matter, and I have endured mental anguish and embarrassment due to their unauthorized contact. The illegal collection efforts have disrupted my personal life and created undue pressure despite the fact that this debt is time-barred.

VI. Supporting Evidence Certified Mail Receipt : Documentation showing my formal dispute letter sent on XX/XX/XXXX. 
Recorded Calls and Text Messages : Evidence of RESURGENT contacting third parties and discussing the alleged debt without my consent.

VII. Requested Relief I request that the CFPB take the following actions to address RESURGENTs illegal behavior : Order RESURGENT Capital Services to immediately cease all collection efforts related to this debt.

Impose fines and penalties for their violations of federal and state laws.

Require RESURGENT to delete any credit reporting related to this debt from my credit history.

Issue a public reprimand to RESURGENT to deter future violations.

VIII. Conclusion RESURGENT Capital Services has acted in blatant violation of my legal rights, and their predatory practices must be stopped. I urge the CFPB to investigate this matter promptly and impose the necessary penalties to hold RESURGENT accountable for their illegal behavior.

Thank you for your attention to this serious matter. I am prepared to provide any additional evidence or information needed. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation