Consumer complaint received 2019-07-05
Company: Resurgent Capital Services L.P.
State: AR
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Their investigation did not fix an error on your report

Complaint:
LVNV alleges that it purchased two consumer debts that XXXX allegedly owed. XXXX has disputed LVNV 's assertion by letter to LVNV 's collection agencies, and to LVNV itself. ( See attached documents ). 

Furthermore, LVNV hired a debt collector to try and collect on the alleged debts that violated the FDCPA ( See attachment ) In the process of this debt collector violating the FDCPA it made LVNV liable under the FDCPA for its agents violations of the law. 

See,, XXXX v XXXX XXXX XXXX XXXX, XXXX and XXXX XXXX, XXXX XXXX, XXXX ( XXXX Cir. XXXX ). 

Simply put, LVNV has violated the FDCPA against XXXX. 

In addition, LVNV has violated the FCRA, because as the CFPB can clearly see, XXXX has made clear he disputes all LVNV 's allegations ( See attachments ), As the CFPB can see, when XXXX disputed the debt with XXXX XXXX, LVNV 's response was simply to " pass the hot potato '' to another collector and " rinse and  repeat, '' obviously in an effort to wear down XXXX. Unfortunately for LVNV XXXX will not only not be intimidated he will sue, but only as a last resort ( this is why XXXX is trying this one last administrative remedy prior to seeking a judicial remedy ). 

XXXX, although not required, even pointed out to LVNV that he is a consumer that will sue them and irrespective of the fact that LVNV is in violation of the FDCPA and FCRA ( See attachment ). 

LVNV 's response was to continue down its path of illegal conduct, ignore its violations, not correct its credit reporting errors, and continue to violate Scroggin 's rights. 

LVNV never validated the debt and instead had its collector simply make a document, that while failed miserably, try to look official, but its own document clearly shows the FDCPA was violated, because they just make up their own document and do not even allege that they went to the original creditor for information to validate the debt. 

LVNV, through its collector has violated the FDCPA because of vicarious liability, violated the FCRA by on one account refusing to mark the account in dispute, and on both accounts refusing to " obtain '' information from the creditor to validate its debts. 

Of course LVNV is no stranger to not complying with the documentation requirements in Arkansas. In a futile effort to argue that somehow the rules of procedure did not apply to them, the Arkansas Supreme Court was required to reinforce to LVNV that yes, even in Arkansas the rules apply to them. See, LVNV FUNDING, LLC v. XXXX, XXXX XXXX. XXXX - XXXX : Supreme Court XXXX. 

Obviously I will be litigating this matter on behalf of myself, but few consumers in Arkansas ( or any other state ) have the expertise to take on a multi-million dollar corporation. 

So while I do file this Complaint on my behalf, I am hoping the CFPB will uses its statutory authority to punish LVNV to assist the consumers that are unlike XXXX and can't sue on their own behalf. 

I can take care of myself and will litigate, obviously, but I would still like the CFPB to hold LVNV 's feet to the fire. Feel free to contact me with any other questions or needed documentation. 

Thank You!

Company response to consumer: Closed with non-monetary relief