Ussery v. Resurgent Capital Services, L.P., Case No. 1:26-cv-00478

Primary Source: View Original Complaint (PDF)

Facts as Alleged in the Complaint

The following is taken verbatim from the complaint filed in federal court. These are allegations; no finding of fact has been made.

The Parties

14. Plaintiff is, and at all times relevant herein was, a natural person who resides in Travis County, State of Texas. 15. Plaintiff is, and at all times mentioned herein was, a “person” as defined by 47 -3COMPLAINT U.S.C. § 153(39). 16. Plaintiff is a natural person allegedly obligated to pay a debt and is, hence, a “consumer” as that term is defined by 15 U.S.C. § 1692a(3).
15. Defendant is a limited partnership formed under the laws of the State of Delaware with its principal place of business located in Greenville, South Carolina. Defendant is, and at all times mentioned herein was, a “person,” as defined by 47 U.S.C. § 153(39).
16. Defendant is a person who uses an instrumentality of interstate commerce or the mails in a business the principal purpose of which is the collection of debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another and is therefore a “debt collector” as that phrase is defined by 15 U.S.C. § 1692a(6).

Factual Allegations

19. Prior to January 2, 2026, Plaintiff is alleged to have incurred certain financial obligations related to a Total Visa credit card held with the Bank of Missouri associated with account number ending in 8529 (the “Debt”).
20. These financial obligations were primarily for personal, family, or household purposes and were therefore “debt[s]” as that term is defined by 15 U.S.C. § 1692a(1).
21. Sometime prior to January 2, 2026, on information and belief, Bank of Missouri sold or assigned the Debt to Defendant. 22. On or about January 2, 2026 at 5:13 PM, Defendant, from its email address “ContactCS@mail.ecollect2.resurgent.com,” sent Plaintiff’s Ussery, an email attempting to collect a debt from Plaintiff. sister, Kierra
22. The January 2 email to Plaintiff’s sister read, in part, “Tierra, just a quick follow- up. I wanted to send you a short note to remind you that if you need any information or assistance my team is available to help,” and disclosed the account number, original creditor, credit card brand, current owner, ID number, -4COMPLAINT and current balance ($465.15) of Plaintiff’s Debt. 24. On or about January 6, 2026 at 5:13 PM, Defendant, from its email address “ContactCS@mail.ecollect2.resurgent.com,” sent Plaintiff’s Ussery, a second email attempting to collect a debt from Plaintiff. sister, Kierra
23. The January 6 email to Plaintiff’s sister read, in part, “Tierra, take another peek at your options. We know in an ideal world, you would pay off your account in one fell swoop. For many of our customers, that options isn’t possible,” and disclosed the account number, original creditor, credit card brand, current owner, ID number, and current balance ($465.15) of Plaintiff’s Debt.
24. On or about January 8, 2026 at 6:57 PM, Defendant, from its email address “ContactCS@mail.ecollect2.resurgent.com,” Ussery, a third email attempting to collect a debt from Plaintiff. sent Plaintiff’s sister, Kierra
25. The January 8 email to Plaintiff’s sister read, in its subject line, “Tierra, Please Address this Urgent Financial Matter.”
26. The January 8 email went on to say, “Tierra, let’s clear up any confusion. We’ve sent you a few emails and hopefully it’s clear that we’re contacting you about your balance of $465.15 owed to LVNV Funding LLC,” and disclosed the account number, original creditor, credit card brand, current owner, ID number, and current balance ($465.15) of Plaintiff’s Debt.
27. On or about January 10, 2026 at 11:56 AM, Defendant, from its email address “ContactCS@mail.ecollect2.resurgent.com,” sent Plaintiff’s Ussery, a fourth email attempting to collect a debt from Plaintiff. sister, Kierra
28. Defendant’s January 10 email sent to Plaintiff’s sister recited a similar message as the January 6 email, and went on to disclose the account number, original creditor, credit card brand, current owner, ID number, and current balance ($465.15) of Plaintiff’s Debt.
29. Plaintiff’s sister’s email address — the addressee for each and every above- referenced debt collection communication — contains Plaintiff’s sister’s full first -5COMPLAINT and last name, and therefore is readily identifiable as belonging to someone other than Plaintiff.
30. By contacting Plaintiff’s sister, a third-party and stranger to the Debt, without a statutorily authorized justification, Defendant violated 15 U.S.C. § 1692c(b).
31. As a result of Defendant’s above-described abusive conduct, Plaintiff suffered actual damages in the form of mental anguish and emotional distress, which was manifested by symptoms including but not limited to: stress, anxiety, worry, restlessness, irritability, embarrassment, loss of sleep, feelings of hopelessness, and helplessness impacting her job and personal relationships. FIRST CAUSE OF ACTION VIOLATIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT (FDCPA) 15 U.S.C. § 1692, ET SEQ.
32. Plaintiff repeats, re-alleges, and incorporates by reference, all above paragraphs of this Complaint as though fully stated herein.
33. The foregoing acts and omissions constitute numerous and multiple violations of the FDCPA, including but not limited to each and every one of the above-cited provisions of the FDCPA, 15 U.S.C. § 1692 et seq.
34. As a result of each and every violation of the FDCPA, Plaintiff is entitled to any actual damages pursuant to 15 U.S.C. § 1692k(a)(1); statutory damages pursuant to 15 U.S.C. § 1692k(a)(2)(A); and, reasonable attorney’s fees and costs pursuant to 15 U.S.C. § 1692k(a)(3) from Defendant.

Frequently Asked Questions

Has is a limited partnership formed under the laws of the State of Delaware with its principal place of business located in Greenville, South Carolina. Defendant been found liable in this case?

No. This is a complaint — a legal filing that contains allegations made by is a natural person allegedly obligated to pay a debt and. is a limited partnership formed under the laws of the State of Delaware with its principal place of business located in Greenville, South Carolina. Defendant has not been found liable for any wrongdoing. A finding of liability requires a court proceeding where evidence is presented and evaluated by a judge or jury.

What does the Fair Debt Collection Practices Act (FDCPA) prohibit?

The Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.) prohibits third-party debt collectors from using abusive, unfair, or deceptive practices. It requires collectors to send a debt validation notice and prohibits harassment, false representations, and unfair practices. Statutory damages can reach $1,000 per lawsuit plus actual damages and attorney fees.

What is the current status of this case?

This case was recently filed. See the CourtListener docket linked at the bottom of this page for the complete filing record. This page is updated automatically when new documents are filed.

Where can I read the full complaint against is a limited partnership formed under the laws of the State of Delaware with its principal place of business located in Greenville, South Carolina. Defendant?

The full complaint is publicly available on CourtListener. The Facts as Alleged section above reproduces the complaint’s factual allegations verbatim. The complete case record, including all filings, is available through the docket link at the bottom of this page.

Source: CourtListener. Information on this page is taken verbatim from the court complaint. These are allegations only; no finding of fact has been made.