Debt collection -- Attempts to collect debt not owed -- Complaint #9985813
Debt Collector Fails to Validate Debt, Provides Conflicting Information
Complaint Overview
Complaint ID: 9985813
Company: Resurgent Capital Services L.P.
Product: Debt collection
Sub-Product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-Issue: Debt is not yours
State: Florida
ZIP Code: 328XX
Date Received: 2024-08-31T12:00:00-05:00
Date Sent to Company: 2024-08-31T12:00:00-05:00
Company Response: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Submitted Via: Web
Risk Assessment
Risk Level: high
The debt collector's failure to provide a signed promissory note and the conflicting dates presented in their documentation suggest a potential violation of the FDCPA, increasing the risk of legal action or regulatory scrutiny.
Consumer Sentiment: negative
Topics: Debt Collection, Debt Validation, FDCPA
AI Analysis
CFPB complaint 9985813 was filed against Resurgent Capital Services L.P. regarding Debt collection (Credit card debt), specifically about "Attempts to collect debt not owed". A consumer disputes a debt, claiming the debt collector failed to provide proper validation under the FDCPA and provided conflicting information regarding payment and charge-off dates. The complaint was received on August 31, 2024 from Florida. The company responded with "Closed with explanation".
Consumer Narrative
In response to a debt validation request I submitted to LVNV Funding LLC, c/o Resurgent Capital Services , the company provided documents that do not constitute proper validation under the Fair Debt Collection Practices Act ( FDCPA ). The documents included a statement indicating that a last payment was made on XX/XX/year>, with a charge-off date of XX/XX/year>. However, an account summary they provided shows a different last payment date of XX/XX/year>, without any corresponding statement to support this claim. This discrepancy raises significant concerns about the accuracy and legitimacy of the debt information. Furthermore, the documentation provided did not include the original signed promissory note or any other documentation directly from the original creditor, XXXX XXXX, proving that I agreed to the terms of this debt. Despite my request for proper validation, LVNV Funding LLC and Resurgent Capital Services have failed to provide sufficient evidence to substantiate the debt. In addition to these discrepancies, the original creditor, XXXX XXXX XXXX, has an arbitration agreement that requires any legal disputes to be resolved through arbitration rather than court proceedings. This agreement includes specific terms, such as a 60-day notice requirement before initiating arbitration, waivers of class action and jury trial rights, and a requirement that disputes be resolved individually and through final and binding arbitration. Given the failure to provide proper validation and the inconsistencies in the documentation, I have formally requested that Resurgent Capital and LVNV Funding LLC cease all collection activities and remove the account from my credit report. However, the company has not yet complied with this request. As a result, I am filing this complaint to seek assistance in ensuring that LVNV Funding LLC and Resurgent Capital Services cease any further collection activities related to this disputed and unvalidated debt and that the inaccurate information is promptly removed from my credit report.
What You Should Do -- Consumer Action Plan
Consumers should carefully review all debt validation documents and immediately dispute any inaccuracies or missing information with the debt collector in writing.
Legal Context & Consumer Protection Laws
The Fair Debt Collection Practices Act (FDCPA) requires debt collectors to provide specific documentation to validate a debt upon request, including proof of the amount owed and the original creditor's agreement.
Regulatory Insight
Regulators may view the provision of conflicting information and the failure to produce a signed promissory note as evidence of non-compliance with FDCPA validation requirements.
Resolution Likelihood
likely
State-Specific Consumer Protections
In Florida, consumers have rights under state and federal laws to dispute debts and demand validation from collectors.
Industry Comparison
This situation is common in the debt collection industry, where consumers often face challenges in obtaining clear and accurate debt validation from third-party collectors.
Related Issues
Frequently Asked Questions
What is CFPB complaint 9985813 about?
CFPB complaint 9985813 involves Debt collection (Credit card debt). The consumer reported an issue with "Attempts to collect debt not owed", specifically "Debt is not yours". This complaint was filed against Resurgent Capital Services L.P. on August 31, 2024.
Which company is complaint 9985813 filed against?
Complaint 9985813 was filed against Resurgent Capital Services L.P.. You can view all complaints against this company on their profile page at /company/resurgent-capital-services-l-p.
What was the company's response to complaint 9985813?
Resurgent Capital Services L.P. responded with "Closed with explanation". The response was marked as timely by the CFPB.
When was complaint 9985813 filed?
Complaint 9985813 was received by the CFPB on August 31, 2024. It was sent to Resurgent Capital Services L.P. on August 31, 2024.
What state was complaint 9985813 filed from?
Complaint 9985813 was filed from Florida. You can view all complaints from this state at /state/FL.
Was the consumer satisfied with the resolution of complaint 9985813?
Dispute information is not available for complaint 9985813.
What product category is complaint 9985813 about?
Complaint 9985813 is categorized under "Debt collection", specifically "Credit card debt". This is one of the product categories tracked by the CFPB.
How was complaint 9985813 submitted?
Complaint 9985813 was submitted via Web. The CFPB accepts complaints through web, phone, mail, email, fax, and referral channels.
What are the consumer's legal options for complaint 9985813?
The Fair Debt Collection Practices Act (FDCPA) requires debt collectors to provide specific documentation to validate a debt upon request, including proof of the amount owed and the original creditor's agreement. This relates to a Debt collection complaint against Resurgent Capital Services L.P. involving "Attempts to collect debt not owed".
How likely is complaint 9985813 to be resolved?
Resolution likelihood: likely. The company's current response is "Closed with explanation". The company did respond in a timely manner, which is a positive indicator.
What does the risk level mean for complaint 9985813?
This complaint is rated as high risk. The debt collector's failure to provide a signed promissory note and the conflicting dates presented in their documentation suggest a potential violation of the FDCPA, increasing the risk of legal action or regulatory scrutiny.
What regulatory actions apply to complaint 9985813?
Regulators may view the provision of conflicting information and the failure to produce a signed promissory note as evidence of non-compliance with FDCPA validation requirements. The CFPB tracks complaints like this one to identify patterns of misconduct across the Debt collection industry.
What should the consumer do about complaint 9985813?
Consumers should carefully review all debt validation documents and immediately dispute any inaccuracies or missing information with the debt collector in writing.
Are there state-specific protections for complaint 9985813?
In Florida, consumers have rights under state and federal laws to dispute debts and demand validation from collectors. This complaint was filed from Florida.
How does complaint 9985813 compare to industry norms?
This situation is common in the debt collection industry, where consumers often face challenges in obtaining clear and accurate debt validation from third-party collectors.
What specific documents are considered sufficient for debt validation under the FDCPA?
Sufficient validation typically includes a copy of the judgment or the original signed agreement creating the debt, or a record of payments. A statement of account alone is often insufficient.
How should a consumer respond if a debt collector provides conflicting information?
The consumer should formally dispute the debt in writing, highlighting the specific discrepancies and demanding corrected, validated information. Continued collection efforts without resolution may be unlawful.
Disclaimer
This analysis is AI-generated and does not constitute legal advice.