Consumer complaint received 2024-04-12 00:00:00
Product: Debt collection — Other debt
Issue: Communication tactics — Used obscene, profane, or other abusive language
Company: Resurgent Capital Services L.P.
State: NY

Complaint narrative:
You have communicated with me a consumer in connection with the collection of a debt Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction in failed the requirements imposed pursuant to 15 usc 1692c ( a ), My consumer report is evidence of communication, you are in violation of the FDCPA, pursuant to 15 U.S. Code 1692k ( a ) ( 1 ) for actual damage emotional distress as a result of such failure and held liable to fines up to XXXX Pursuant to 12 CFR 1006.38 D ( 1 ) The failure of a consumer to dispute the validity of a debt does not constitute a legal admission of liability by the consumer. 

Pursuant to 15 USC 1692g ( c ) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. 

My consumer report is evidence of communication, it is evident that LVNV FUNDING LLC, pursuant to 15 U.S. Code 1692e ( 8 ), has communicated false credit information about me, the consumer, to consumer reporting agencies not limited to XXXX XXXX or XXXX. This communication includes information that they either knew or should have known to be false. This misconduct has had a detrimental impact on my reputation, making it difficult for me to obtain credit extensions. Consequently, I am experiencing emotional distress as a direct result of their actions. Under 15 U.S. Code 1692k ( a ) ( 1 ), LVNV FUNDING LLC is held liable for the actual damages caused by their false reporting, specifically the harm inflicted on my reputation and the resulting effects on my ability to access credit. Furthermore, they are subject to fines of up to {$1000.00} for their unfair and misleading conduct. In addition, pursuant to 15 U.S. Code 1692e ( 10 ) LVNV FUNDING LLC use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer., pursuant to 15 U.S. Code XXXX ( a ) ( 1 ) for actual damage emotional distress as a result of such failure and held liable to fines up to XXXX Pursuant to LVNV FUNDING LLC actions, I assert that they have violated 15 U.S. Code 1692d ( 1 ) by using criminal means of identity theft to harm my reputation. As a consequence of this misconduct, I hold them liable for actual damages and emotional distress under 15 U.S. Code XXXX ( a ) ( 1 ). They are also subject to fines of up to {$1000.00}. While LVNV FUNDING LLC claims to be a " Furnisher '' of information and asserts their obligation to furnish accurate information, it is important to note that pursuant to 12 CFR 1022.41 ( c ) ( 2 ), they can not be considered a " Furnisher '' because they are acting as a " consumer reporting agency '' as defined by 15 U.S. Code 1681a of the Fair Credit Reporting Act ( FCRA ) .My identifying information, which includes my name, social security number, government identification number, date of birth, and account number ( a unique electronic identification number used to identify me as the consumer ), falls within the definition of identifying information outlined in 12 CFR 1022.3 ( g ) ( 1 ). When combined with information about my transactions and experiences, this constitutes a consumer report under 15 U.S. Code 1681a ( d ) ( 1 ) ( A ). It is crucial to recognize that LVNV FUNDING LLC, is a consumer reporting agency because this information pertains to my creditworthiness, credit standing, credit capacity, character, general reputation, and was collected for the purpose of assessing my eligibility for credit. Additionally, it directly impacts my credit score as specified in 15 U.S. Code 1681g ( f ) ( 2 ) ( A ) ( i ). 

In addition LVNV FUNDING LLC engage in any conduct to harass, oppress, and abuse i the consumer in connection with the collection of a alleged debt, as shown in exhibit ( ) pursuant to 15 U.S. Code 1692d ( 2 ) The use of obscene or profane language holds you liable to fines up to XXXX pursuant to 15 U.S. Code XXXX ( a ) ( 1 ) for actual damage emotional distress as a result of such actions from LVNV FUNDING LLC I the consumer pursuant to 15 usc 1692c ( d ), Pursuant to 15 usc 1692c ( c ) i am refusing to pay this debt and demanding you to cease all communications pursuant to 15 usc 1692a communications means the conveying of information regarding a debt directly or indirectly to any person through any medium including any and all including consumer reports, consumer reporting agency, debt collectors, family, friends, associates, social media Pursuant to 15 usc 1692c ( c ) ( 2 ) i am invoking my specified remedy as the creditor who created this debt, Pursuant to 15 usc 1692c ( c ) ( 1 ) i am demanding you to terminate all debt collections efforts send account back to creditor notification shall be complete upon receipt of letter With Explicit Reservation of all Right, Without Prejudice UCC 1-308. 
XXXX XXXX

Company response to consumer: Closed with explanation