Consumer complaint received 2023-05-22
Company: Resurgent Capital Services L.P.
State: MO
Product: Debt collection
Sub-product: Credit card debt
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
My initials are XXXX. I have submitted the following complaint to LVNV Funding and their servicing company Resurgent Capital Services : This letter is in response to your recent claim regarding the aforementioned account, in which you claim that I owe a balance to your organization. 
IN VIOLATION OF MY RIGHTS I HAVE NO record of having received a first communication from LVNV Funding, LLC nor a second communication 5 days after such an initial communication pursuant to 15 U.S.C. 1692g ( a ) which requires debt collectors to provide a written notice including certain information to consumers along with, or within five days of, the initial contact with the consumer. Where is the PROOF of your delivery that said communication was EVER sent? 
Yet again, you still need to provide me with a copy of any viable evidence, bearing my signature, showing the account is being reported accurately. Be advised that the description of the procedure used to determine the accuracy and completeness of the information is hereby requested. 
Additionally, please provide the name, address, and telephone number of each person who personally verified this alleged account, so that I can inquire about how they verified without providing any proof, bearing my signature. 
As per the FTC opinion letter from Attorney XXXX XXXX XXXX, you should be aware that a bill or itemized document printout does not constitute verification. 
I am again formally requesting a copy of any documents, bearing my signature, showing that I have a legally binding contractual obligation to pay you the alleged amount. 
Be aware that I am making a final goodwill attempt to have you clear up this matter. The listed item is inaccurate and incomplete and represents a very serious error in your reporting. I also am maintaining a full and complete record of my communications with you for the purpose of filing a complaint with the Consumer Financial Protection Bureau and the Attorney Generals office, should you continue in your non-compliance with federal laws under the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, and the corresponding local state laws. 
I further remind you that you may be liable for your willful non-compliance. Failure on your behalf to provide a copy of any alleged contract or other instrument bearing my signature may result in a small claims action against your company. 
I would be seeking a minimum of {$1000.00} in damages per violation for : Defamation Negligent Enablement of Identity Fraud Violation of the Fair Debt Collection Practices Act ( including but not limited to Section 807-8 ) Violation of the Fair Credit Reporting Act ( including but not limited to Section 623-b ) I may also seek actual and punitive damages as the court may allow Additionally, I may make a motion for a trial by jury If you can not produce the necessary documentation I require, and your organization and LVNV fails to delete these 2 entries from my credit report within 10 days of receipt of this letter, I will seek legal recourse against your organizations. 
You will be required to appear in a court venue local to me, in order to formally defend yourself. My contact information is as follows :

Company response to consumer: Closed with explanation