Consumer complaint received 2025-02-08 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: FL

Complaint narrative:
THIS ACCOUNT IS NOW AGGRAVATED IDENTITY THEFT To whom this may concern Please be advised your company proof of claim by federal law under the requirements of 15 usc 1692 the Fair Debt Practice Act has failed. This account is now considered as Aggravated Identity Theft. Lvnv Funding LLC and Resurgent capital service, is not owned by Citi bank or have common control therefore should not have my nonpublic personal information to report on my consumer report. As a fully protected consumer Per my right Privacy Act of XXXX This is a direct result of aggravated identity theft. XXXX will be held accountable. Trying to collect a charge off that Resurgent Capital Service and LVNV FUNDING does not have the legal authority to do so is a violation.

18 U.S. Code 1028A - Aggravated identity theft Whoever, during and in relation to any felony violation enumerated in subsection ( c ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years. Sending false validation letters through the mail is concerned mail fraud and trying to collect money for this scheme is called extortion. 
18 U.S.C. 1341 is a federal law that defines mail fraud. It states that mail fraud occurs when someone uses the U.S. mail to further a criminal act, such as by : Devising a scheme to defraud, Intending to perform fraudulent acts, Mailing something to execute the scheme, and Making false representations.

18 U.S.C 884- Collection of extensions of credit by extortionate means ( A ) whoever knowingly participates in any way, or conspires to do so, in the use of any extortionate means. ( XXXX ) to collect or attempt to collect any extension of credit, or ( XXXX ) to punish any person for the nonpayment thereof, shall be fined under this title or imprisoned not more than 20 years, or both.

As stated by your company via CFPB response this account was purchased then transferred.

This violates FDCPA 15 U.S. Code 1692f - Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : 15 U.S. Code 1692e ( 12
) - False or misleading representations ( 12 ) The false representation or implication that accounts have been turned over to innocent purchasers for value.

15 U.S. Code 6809 - Definitions ( 5 ) Nonaffiliated third party The term " nonaffiliated third party '' means any entity that is not an affiliate of, or related by common ownership or affiliated by corporate control with, the financial institution, but does not include a joint employee of such institution. 
Lvnv Funding LLC, XXXX, XXXX and XXXX are not affiliates of XXXX nor are they " bureaus. The only true credit bureau is the CFPB and they DO NOT furnish consumer reports as stated in federal law. I have a right to privacy and Per the Privacy Act of 1974 as a federally protected consumer I am now revoking any and all authorization I the consumer may have given XXXX written, non written, verbal, and nonverbal per 5 U.S. Code 552a. Per the FCRA as a federally protected consumer. I am now opting out of any and all authorization I the consumer may have given you XXXX, non written, verbal, and non verbal per 15 USC 6802. I shall also point out their responsibility pursuant 15 U.S. Code section 15 U.S. Code 1692k ( a ) AMOUNT OF DAMAGES Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of. 
By taking nonpublic personal information and attempting to collect a debt you have no legal right too and that I clearly dont owe and making a false statement and furnishing a consumer report is a direct violation that goes against the FDCPA AND FDCPA.

15 usc 1692j furnishing certain deception forms ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. 
According to XXXX5 U.S.C. ( the Fair Debt Collection Practices Act, FDCPA ), a debt collector does not have the legal right to a debt itself ; instead, the law outlines specific restrictions on how a debt collector can attempt to collect a debt, prohibiting them from using abusive, deceptive, or unfair practices to do so.

Key points about 15 U.S.C. and debt collectors : No inherent right to the debt. The law does not grant debt collectors ownership of the debt ; they are only allowed to try to collect it on behalf of the original creditor, following specific guidelines like common ownership or control, not third party debt collectors.

Company response to consumer: Closed with explanation