Consumer complaint received 2015-06-01
Company: Resurgent Capital Services L.P.
State: GA
Product: Debt collection
Sub-product: Credit card
Issue: Disclosure verification of debt
Sub-issue: Not disclosed as an attempt to collect

Complaint:
To Whom It May Concern ; I am writing you to lodge a formal complaint against LVNV Funding LLC . Over the past year I have spoken to several lawyers and members from XXXX ( XXXX XXXX XXXX XXXX XXXX XXXX ) who pointed out several issues that appear on my credit report. To date, LVNV Funding has reported derogatory remarks with all three credit reporting agencies ( XXXX, XXXX and XXXX ) without proper notification. 
Please note the following case : XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, Case No. XXXX ( XXXX ) UNITED STATES DISTRICT COURT, DISTRICT OF MINNESOTAConsistent with the views of the FTC -- and consistent with the views expressed in XXXX, XXXX, and XXXX -- the XXXX finds that XXXX was engaged in " collection of the debt '' in violation of XXXX ( when it reported XXXX 's disputed debt to the CRAs before sending verification of that debt to XXXX. The Court therefore agrees with Judge XXXX that XXXX is entitled to summary judgment as to liability on his FDCPA claim. 

No debt collector is required to report a debt to a CRA before verifying that debt to a consumer -- and thus, as the Court held above, it is reasonable to view such a practice as a species of debt collection prohibited under XXXX ( XXXX, XXXX 's XXXX-based employees violated the FDCPA when they reported that debt to the CRAs before first verifying the debt to XXXX. 

XXXX v. XXXX XXXX XXXX, XX/XX/XXXX XXXX XXXX, XXXX ( XXXX. XXXX XXXX XXXX, XX/XX/XXXX ) ; see also XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. XXXX XXXX, XXXX ( XXXX. XXXX XX/XX/XXXX ) This case specifies that the consumer must have the debt verified by dunning letter or communication prior to reporting to the credit reporting agencies. I was never notified via dunning letter or any other form of communication by LVNV Funding of any debt. Therefor LVNV is in violation of the above statue. Furthermore, I would like for your agency investigate the following circumstances into the account in this matter:1. LVNV Funding is listed on XXXX as a Factoring Company, when per FCRA collection companies are not. 

XXXX XXXX XXXX XXXX XXXX, XXXX, a XX/XX/XXXX decision by the United States Court of Appeals for the XXXX XXXX which re-characterized a factoring transaction as a secured borrowing rather than a " true sale '' of accounts. 

In the XXXX case the court stated " the so-called factoring agreement is the functional equivalent of a secured lending agreement. '' Whether the agreement is a secured loan or a true purchase of receivables turns on whether there was an actual transfer of the risk of loss. A transfer of risk occurs when the account seller 's debt is extinguished, and the account purchaser 's " risk with regard to the performance of the accounts is direct. '' The court in XXXX explained that the parties had " confected '' a secured loan or revolving line of credit, rather than a true sale of assets, through a percentage advance subject to the lender maintaining a reserve in any amount the lender deemed appropriate. 

2. LVNV Funding is adding on varying fees to the balances on each report per month sometimes {$3.00}, sometimes {$11.00}, sometimes $ XXXX the past 6.5 years. There is no basis for these add on fees or was I given any detail on these so called interest charges. I would like to see the authorized agreement creating the debt or a copy of the original card agreement to prove collecting the interest is permitted. 
( I have documents as proof ) I am requesting your agency look into these allegations and assist me in having these erroneous illegal marks removed from all XXXX CRAs a deletion from all three credit reporting agencies. I felt compelled to urge your office to help me in my crusade to remove LVNV Funding and reestablish my credit and protect low income minority families that ca n't afford to fight these types of collection agencies.

Company response to consumer: Closed with explanation