Consumer complaint received 2024-10-11 00:00:00
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: Resurgent Capital Services L.P.
State: NY

Complaint narrative:
I have not given Resurgent Receivable or the XXXX XXXX  the original creditor the authority to retrieve, utilize my estate, profit from the name or any name affiliated with by retrieving my personal information, account, social security, address, and any information associated with the name. You are causing suffering and committing slander! 

190.80-a Aggravated identity theft. 

A person is guilty of aggravated identity theft when he or she knowingly and with intent to defraud assumes the identity of another person by presenting himself or herself as that other person, or by acting as that other person or by using personal identifying information of that other person, and knows that such person is a member of the armed forces, and knows that such member is presently deployed outside of the continental United States and : 1. thereby obtains goods, money, property or services or uses credit in the name of such member of the armed forces in an aggregate amount that exceeds five hundred dollars ; or 2. thereby causes financial loss to such member of the armed forces in an aggregate amount that exceeds five hundred dollars. 

Aggravated identity theft is a class D felony. 

_____________________________________________ 190.79 Identity theft in the second degree. 

A person is guilty of identify theft in the second degree when he or she knowingly and with intent to defraud assumes the identity of another person by presenting himself or herself as that other person, or by acting as that other person or by using personal identifying information of that other person, and thereby : 1. obtains goods, money, property or services or uses credit in the name of such other person in an aggregate amount that exceeds five hundred dollars ; or 2. causes financial loss to such person or to another person or persons in an aggregate amount that exceeds five hundred dollars ; or 3. commits or attempts to commit a felony or acts as an accessory to the commission of a felony ; or 4. commits the crime of identity theft in the third degree as defined in section 190.78 of this article and has been previously convicted within the last five years of identity theft in the third degree as defined in section 190.78, identity theft in the second degree as defined in this section, identity theft in the first degree as defined in section 190.80, unlawful possession of personal identification information in the third degree as defined in section 190.81, unlawful possession of personal identification information in the second degree as defined in section 190.82, unlawful possession of personal identification information in the first degree as defined in section 190.83, unlawful possession of a skimmer device in the second degree as defined in section 190.85, unlawful possession of a skimmer device in the first degree as defined in section 190.86, grand larceny in the fourth degree as defined in section 155.30, grand larceny in the third degree as defined in section 155.35, grand larceny in the second degree as defined in section 155.40 or grand larceny in the first degree as defined in section 155.42 of this chapter.

Identity theft in the second degree is a class E felony.

If RC states they are collecting on behalf of the original creditor, which means there was an assignment from XXXX  to RC, again without my authority. Also, if RC states they are collecting on behalf of XXXX then they would have access to the all the information on the account correct? They would even have access to the letter I sent to XXXX to stop selling, sharing and opting out of utilizing my personal information, social, address, phone number, name etc. This would be two companies CONSPIRING TO COMMIT the same fraudulent activities.

Company response to consumer: Closed with explanation