Consumer complaint received 2024-12-28 00:00:00
Product: Debt collection — Auto debt
Issue: Written notification about debt — Didn't receive notice of right to dispute
Company: Resurgent Capital Services L.P.
State: FL

Complaint narrative:
Statement of Complaint Against Resurgent Capital Services, LLC, and Subsidiary XXXX XXXX I am filing a formal complaint against Resurgent Capital Services, LLC, and their subsidiary, XXXX XXXX, for violating federal and state laws, including but not limited to the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692-1692p ; the Servicemembers Civil Relief Act ( SCRA ), 50 U.S.C. 3901-4043 ; Florida Consumer Collection Practices Act ( FCCPA ), Fla. Stat . 559.55-559.785 ; Texas Debt Collection Act ( TDCA ), Tex. Fin. Code 392.001-392.404 ; Kentucky Consumer Protection Act, KRS Chapter 367 ; and the California Rosenthal Fair Debt Collection Practices Act ( RFDCPA ), Cal. Civ. Code 1788 et seq. Additionally, I allege gross negligence by XXXX XXXX, which caused extensive damage to my personal vehicle during an unlawful repossession. Detailed Allegations Failure to Validate Debt ( FDCPA and State Laws ) Resurgent Capital Services, acting on behalf of LVNV Funding, aggressively pursued debt collection without providing proper documentation to validate the debt. Despite multiple written requests, Resurgent Capital failed to produce the following : The original agreement establishing the debt. A full payment history showing how the debt balance was calculated. Proof of ownership or assignment of the debt to Resurgent Capital or its affiliates. The FDCPA ( 15 U.S.C. 1692g ) and state-specific laws, including the FCCPA ( 559.72 ( 18 ) ), TDCA ( 392.202 ), KRS 367.170 , and RFDCPA ( 1788.17 ), require debt collectors to validate and provide substantiating documentation for disputed debts. Resurgent Capitals noncompliance deprived me of my right to contest the legitimacy of the alleged obligation. Violation of SCRA Protections During my XXXX XXXX XXXX, Resurgent Capital continued aggressive collection activities in violation of the Servicemembers Civil Relief Act ( SCRA ). The SCRA mandates that creditors and collectors halt certain actions against military personnel without obtaining a court order. Resurgent Capitals disregard for these protections caused significant financial and emotional stress, undermining federal law designed to safeguard service members.

State-Specific Violations Florida FCCPA : Resurgent Capital engaged in deceptive and unfair practices in violation of 559.72, which prohibits harassment, false representations of debt, and failure to provide accurate information to consumers.

Texas TDCA : Resurgent Capital violated 392.304 by misrepresenting the nature and amount of the debt and failing to respond to validation requests.

Kentucky Consumer Protection Act : The actions of Resurgent Capital and XXXX XXXX violated KRS 367.170, which prohibits unfair or deceptive business practices.

California RFDCPA : Under Cal. Civ. Code 1788.17, Resurgent Capital failed to comply with federal and California-specific debt collection standards, including a lack of transparency and unfair collection practices.

Vehicle Damage by XXXX XXXX XXXX XXXX conducted an unauthorized repossession of my vehicle without proper notice, validation, or court order. During this process, my vehicle sustained severe physical damage, including broken components and structural harm. This repossession violated the peace and failed to adhere to lawful repossession protocols, as required under California repossession laws ( Cal. Civ. Code 2983.3 ), Texas property laws, Kentucky repossession statutes, and Florida repossession regulations. XXXX XXXX reckless actions caused significant financial loss and emotional distress for my family. 

Negative Credit Reporting Resurgent Capital reported the disputed debt to credit reporting agencies despite failing to validate its legitimacy. This has caused irreparable damage to my credit score, impairing my ability to secure loans, housing, and other financial opportunities. Such reporting is a violation of the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681s-2, which requires accurate reporting of consumer information.

Legal References FDCPA ( 15 U.S.C. 1692 ) : Requires validation of debts and prohibits harassment or unfair practices.

SCRA ( 50 U.S.C. 3901 ) : Protects active-duty military members from financial and legal hardships.

FCCPA ( Fla. Stat. 559.72 ) : Prohibits deceptive and unfair debt collection practices in Florida.

TDCA ( Tex. Fin. Code 392.304 ) : Prohibits misrepresentation of debt and mandates proper responses to disputes.

Kentucky Consumer Protection Act ( KRS 367.170 ) : Ensures fairness in business practices and prohibits deception.

California RFDCPA ( Cal. Civ. Code 1788.17 ) : Adopts FDCPA standards and prohibits harassment or unfair practices.

Cal. Civ. Code 2983.3 : Governs lawful repossession practices in California.

Fair Credit Reporting Act ( 15 U.S.C. 1681s-2 ) : Requires accurate reporting of consumer credit information.

Company response to consumer: Closed with non-monetary relief