Debt Collection, Scams and Frauds

What the Law Says Debt Collectors Must Do

While the main purpose of a debt collection agency is to collect debts, it is also true that debt collectors value their relationships with their customers. Since many debt collectors offer payment plans with generous terms, your relationship with a debt collector could actually be longer than your relationship with your original creditor. For this reason, Resurgent is invested in making sure your experience with us is a positive one.

The Fair Debt Collection Practices Act (FDCPA) creates guidelines under which debt collectors may conduct business, and also defines the rights of consumers. Resurgent and its employees are committed to adhering to the FDCPA and all other applicable federal and state regulations.

What the Law Says Debt Collectors May Not Do

Debt collectors are not bullies. Debt collectors want to open the lines of communication to help you resolve an outstanding balance. Licensed and reputable debt collectors will not:

• Threaten you with arrest, jail or physical harm
• Threaten to freeze your assets without due process
• Use obscene or profane language
• Continue to call if they know you are represented by an attorney

You want to make sure you are protected every step of the way when dealing with your credit and debt.  To protect yourself from debt collection frauds and scams, in the event you happen to receive a call such as described above claiming to be from Resurgent, please contact us as soon as possible at 1-888-665-0374.

Why don’t I Recognize the Creditor Names?

Not recognizing the name of the creditor listed in a debt collection notice may initially seem like a debt collection red flag, but there are legitimate reasons this name may not be familiar to you.

Store cards, such as those you may have opened at a big box retailer or mall store, are often underwritten by a large bank and not by the retailer name you know. If you have a statement for your store card handy, you can verify that the name of the original creditor on your statement matches the original creditor name on the notice.

The original creditor may have sold your account to an interim party. This is common business practice in online crowdsourced or fintech loans.

The original or charge-off creditor may have sold your account to a debt buyer. Debt Buyers like LVNV Funding, CACH and Resurgent Receivables may buy accounts from creditors. The right to collect on these accounts passes contractually from the original creditor to the new owner. The underlying debt doesn’t go away, you just owe a new owner.

This may involve contacting a creditor directly or contacting a debt collection company if your account is already in collections. A communication from a debt collector often includes a specific disclosure that the information contained in the notice, often information provided directly from the creditor, will be presumed correct unless you notify the debt collector otherwise. A reputable and honest debt collector wants to report all information correctly and maintain records accurately.