Consumer complaint received 2022-03-13
Company: Resurgent Capital Services L.P.
State: MD
Product: Debt collection
Sub-product: Other debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Threatened or suggested your credit would be damaged

Complaint:
I have several accounts being reported as collections on my credit report with the 3 credit bureaus from LVNV Funding LLC. I do not acknowledge or accept these debts to be mine. I asked for validation and verification of these 3 debts to which I received 1 letter containing a credit card statement which is not acceptable under the FCRA LVNV has placed these 3 debts with several collection agencies. Each time I receive notification from the collection agency I have written to whom ever contacted me with a request for validation and verification of the debt. Instead of a reply the debt is transferred to another collection agency. I have yet to receive any verification or validation except 1 letter with a credit card statement that is not acceptable under the FCRA. 

I have tried several times to dispute these collections with all 3 credit reporting agencies Each time I have disputed the credit bureaus respond with the same canned message " the account has been verified by the creditor and meets the FCRA requirements ''. None of the 3 bureaus have provided any proof as to why their continued reporting of alledged debts meets the requirements of the FCRA. They only provide a letter indicating that their reporting meets the requirements no proof. I'm not exactly sure what LVNV Funding LLC is providing to the 3 credit bureaus to verify that they are reporting correct information. They have failed to show anything to me that either validates or verifies that these collection accounts belong to me or anything on how LVNV Funding LLC determined the amounts I allegedly owe. I believe this amounts to nothing more than hear say. 

LVNV Funding LLC has a notorious record on the internet of failing to verify or validate accounts as well as other unethical behavior. LVNV Funding LLC has many complaints filed against them with the XXXX, CFPB and the FTC. LVNV also has many lawsuits against them as well. 

In accordance with the Fair Credit Reporting Act, I hereby maintain that LVNV Fundling LLC is violating my rights under the FCRA by continuing to report the unvalidated and unverified accounts listed below as collections : 1. ) LVNV Funding LLC Account # XXXX 2. ) LVNV Funding LLC Account # XXXX 3. ) LVNV Funding LLC Account # XXXX LVNV Funding LLC has assigned these debts to several collection agencies. When contacted by a collection agency I send a letter asking for verification or validation of the debt. In one case I did receive a credit card statement. A credit card statement is not considered to be verification or validation under the FCRA. In addition I maintain that I have no contractional relationship whatsoever with LVNV Fundling LLC and that my rights under the FCRA are being further violated by their actions as listed below. 

15 U.S.C 1681 section 602A of the FCRA Clearly states I have the right to privacy. My rights under 15 U.S.C. 1681 section 602A are being violated as well as my reputation publically demeaned by LVNV Funding LLC by publically accusing me of owing debts for which they have provided no proof that I owe and reporting them as collections to all 3 credit bureaus as debts that are basically hear say. 

I further maintain that LVNV Funding LLC in conjunction with XXXX, XXXX and XXXX XXXX are also violating my rights under the FCRA 15 U.S.C 1681 Section 604A Section 2. This section states a consumer reporting agency can not furnish an account without written instructions from the consumer. I have no contractual obligations with XXXX, XXXX, XXXX XXXX or LVNV Funding LLC. I have also never given XXXX, XXXX, XXXX XXXX or LVNV Funding LLC any written instructions to furnish any account whatsoever to my credit bureau report. Information that under the FCRA requires written consent from the consumer has not been given. I maintain that the information being reported about these 3 accounts is being furnished illegally without my written permission by LVNV Funding LLC a for profit company that pays for the business services of XXXX, XXXX and XXXX XXXX all for profit companies. 

I ask that the CFPB reconize that my rights under te FCRA are being violated by LVNV Funding LLC. I ask that the CFPB issue an order to LVNC Funding LLC to cease and desist any and all collections and or reporting of any of these debts listed above immediately.

Company response to consumer: Closed with explanation