Consumer complaint received 2024-11-04 00:00:00
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.
State: NJ

Complaint narrative:
On and for the record RESURGENT RECEIVABLES LLC is in violation of the FCRA for reporting a debt without possessing the original contractual agreement with my wet ink autograph. I have never received services or done business with RESURGENT RECEIVABLES LLC at any time for any reason and I do not consent to their account being reported to my XXXX XXXX XXXX XXXX XXXX credit reports. RESURGENT RECEIVABLES LLC is also in violation of the FDCPA for attempting to collect on a debt without possession of the original wet ink autographed contract. For the record, RESURGENT RECEIVABLES LLC is Not the holder in due course in accordance with UCC 3-302 which defines the holder as follows. The holder took the instrument ( i ) for value, ( ii ) in good faith, ( iii ) without notice that the instrument is overdue or has been dishonored or that there is an uncured default with respect to payment of another instrument issued as part of the same series, et al. RESURGENT RECEIVABLES LLC purchased this debt after it had already been declared DEFAULT by the original Creditor RESURGENT RECEIVABLES LLC which means the purchase was not in Good Faith. Furthermore, UCC 3-302 states a person does not acquire rights of a holder in due course of an instrument taken ( i ) by legal process or by purchase in an execution, bankruptcy, or creditor 's sale or similar proceeding, ( ii ) by purchase as part of a bulk transaction not in ordinary course of business of the transferor, or ( iii ) as the successor in interest to an estate or other organization. RESURGENT RECEIVABLES LLC acquired this debt by legal process or purchase of execution which further validates the fact that RESURGENT RECEIVABLES LLC did NOT acquire the rights of the Holder in due course and ALL collection attempts and reports to my credit report are VIOLATIONS of federal law and RESURGENT RECEIVABLES LLC must DELETED FROM ALL CREDIT REPORTS AND RESURGENT RECEIVABLES LLCMUST CEASE ALL COLLECTION ATTEMPTS. 




As Per the Federal Credit Reporting Act as a federally protected consumer, in accordance with 15 USC 6802 et al I am now OPTING OUT of ANY AND ALL authorization I, the consumer may have given to RESURGENT RECEIVABLES LLC written, unwritten, verbal or non verbal to report my nonpublic personal information. RESURGENT RECEIVABLES LLC is in violation of the Privacy Act of 1974 as well as 12 CFR 1022.24 Reasonable opportunity to opt out because I was never notified by RESURGENT RECEIVABLES LLC that my nonpublic personal information was going to be shared to non affiliated third parties such as XXXX XXXX XXXX XXXX XXXX et al and I was NEVER GIVEN THE CHANCE TO OPT OUT. Also, 15 USC 6508 states that I have the option to opt out of any account reported to my credit report and I am supposed to receive an opt out notice every thirty ( 30 ) days which RESURGENT RECEIVABLES LLC never sent to me. I am hereby exercising my rights under 16 CFR 313.7 Form of opt out notice to consumers. According to 15 USC 6802 B ) I am supposed to receive THREE different disclosures before my nonpublic personal information is shared but I never received notice. I am hereby invoking all rights under to OPT OUT and to Privacy protected by 15 USC 6802 B, 12 CFR 1022.24, 15 USC 6508, 16 CFR 313.7, the Privacy Act of 1974 et al. 


To conclude, the above listed credit reporting agencies are in violation of 15 usc 1681 sec 604a section 2, because it states that a Consumer reporting agency can not furnish an account w/o my written instruction. I did NOT give consent nor written instruction to XXXX XXXX XXXX XXXX XXXX to report the RESURGENT RECEIVABLES LLCaccount and supporting nonpublic personal information such as the transaction history and balance. 


Also, The credit reporting agencies are in violation of 15 usc 1681 sec 604a section 2, because it states that a Consumer reporting agency can not furnish an account w/o my written instruction. I did NOT give consent nor written instruction to XXXX XXXX XXXX XXXX XXXX to report my nonpublic personal information.

Company response to consumer: Closed with non-monetary relief