Consumer complaint received 2025-03-12 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Difficulty submitting a dispute or getting information about a dispute over the phone
Company: Resurgent Capital Services L.P.
State: FL

Complaint narrative:
Subject : Formal Dispute of Credit Reporting Violations Under the FCRA Demand for Immediate Correction Dear Resurgent Capital Services, I am writing to formally dispute the inaccurate and misleading credit reporting of the referenced account ( Account No. XXXX ) that you are furnishing to the credit bureaus. Your continued misrepresentation of this account status violates the Fair Credit Reporting Act ( FCRA ) [ 15 U.S.C. 1681s-2 ], and I demand an immediate correction. 

Violations of the Fair Credit Reporting Act ( FCRA ) & Other Consumer Protection Laws Collection Accounts Can not Be Reported as " Open '' Under the FCRA ( 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ) ), data furnishers must report accurate information. Once a collection account has been adjudicated ( i.e., a judgment entered in court ), it can not continue to be reported as an open collection. This constitutes misleading and inaccurate reporting, which is a direct violation of the FCRA. 
Failure to Report Accurate Date of First Delinquency The Fair Credit Reporting Act ( 15 U.S.C. 1681c ( a ) ( 4 ) ) mandates that the Date of First Delinquency ( DOFD ) be accurately reported. If this date is incorrect, you are violating federal law, and I demand its correction. The DOFD determines when the account will be removed from my credit report, and misreporting it extends the negative impact beyond the legally permitted timeframe. 
Resurgents Responsibility as a Data Furnisher As the entity furnishing information to the credit bureaus, Resurgent Capital Services is legally responsible for ensuring that the data it reports is accurate, complete, and not misleading ( 15 U.S.C. 1681s-2 ( a ) ). Your continued reporting of this account as an open collection while it is legally resolved is a clear violation of this obligation.

Violation of FDCPA ( 15 U.S.C. 1692e ) The Fair Debt Collection Practices Act prohibits the use of false, deceptive, or misleading representations in connection with the collection of any debt. Continuing to report a resolved debt as open could be considered false or misleading, warranting additional legal consequences. 
Demand for Immediate Corrective Action I am formally demanding that Resurgent Capital Services take the following actions within 15 days of receipt of this letter : Correct the reporting status of the account from open collection to accurately reflect that it is the result of a legal judgment. 
Correct the Date of First Delinquency ( DOFD ) to ensure compliance with federal reporting laws. 
Provide written confirmation that these corrections have been made and that they have been transmitted to all three credit bureaus ( XXXX, XXXX, XXXX ). 
Cease all further misreporting of this account, as any further inaccuracies will be considered willful violations of the FCRA.

Legal Consequences of Non-Compliance If Resurgent Capital Services does not correct these violations within 15 days, I will take the following legal actions : File a complaint with the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), and the Florida Attorney Generals Office.

Pursue legal action in civil court under 15 U.S.C. 1681n, which provides statutory damages of up to {$1000.00} per willful violation, plus actual damages and attorneys fees. 
Seek punitive damages for the willful and negligent harm caused by your continued misreporting, which has resulted in financial distress and embarrassment. 
If necessary, I am fully prepared to take this matter to civil court and will seek damages under the FCRA and FDCPA for your continued violations. I strongly urge you to take corrective action immediately to avoid further legal consequences. 

I expect your written response and proof of correction within 15 days of receipt of this letter. Failure to comply will result in immediate legal action. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation