Consumer complaint received 2024-09-25
Product: Debt collection — Credit card debt
Issue: Written notification about debt — Didn't receive enough information to verify debt
Company: Resurgent Capital Services L.P. (NJ)

LVNV Funding LLC XXXX XXXX XXXX XXXX, SC XXXX Subject : Formal Complaint and Demand for Validation of Debt Under the Fair Debt Collection Practices Act ( FDCPA ) and Fair Credit Reporting Act ( FCRA ) Dear Sir/Madam, I am writing to formally dispute the debt being reported by LVNV Funding LLC XXXX originally from XXXX XXXX XXXX XXXXXXXX XXXX with account number XXXX. The alleged balance is {$540.00}, which was last updated on XX/XX/XXXX. I believe the reporting of this account is in violation of federal consumer protection laws, and I demand that this issue be addressed immediately. 

Violations of the Fair Debt Collection Practices Act ( FDCPA ) Failure to Provide Adequate Validation of Debt Under the FDCPA, 15 U.S.C. 1692g, a debt collector must provide sufficient validation of the debt when requested. I have previously disputed this account, as indicated on my credit report. Despite this, LVNV Funding has continued to report the account as delinquent without providing adequate documentation or evidence that the debt is mine, violating my rights under the FDCPA. This failure to properly validate the debt constitutes a violation of federal law ( XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX [ XXXX. XXXX XXXX. XXXX ] ). 

False or Misleading Representation LVNV Funding continues to report this account as a valid debt even though I dispute its legitimacy. According to 15 U.S.C. 1692e ( 2 ), it is unlawful for a debt collector to falsely represent the character, amount, or legal status of any debt. By continuing to report this alleged debt, LVNV Funding may be violating the FDCPA, as this account has not been verified properly and could contain inaccuracies ( XXXX XXXX XXXX XXXX & XXXX XXXX, XXXX XXXX XXXX XXXX XXXX, XXXX [ XXXX XXXX. XXXX ] ). 

Violations of the Fair Credit Reporting Act ( FCRA ) Inaccurate Reporting of Information The Fair Credit Reporting Act, 15 U.S.C. 1681s-2, requires that furnishers of information to consumer reporting agencies report accurate information. The balance of {$540.00} is inconsistent with the original balance of {$580.00} and does not appear to reflect any clear payment history, raising concerns about the accuracy of this information. The reporting of such discrepancies is a violation of the FCRA, and you have not corrected or verified the account properly. In XXXX XXXX XXXX XXXX  XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ), it was held that inaccurate reporting of a consumers account can constitute a violation of the FCRA if not corrected after a dispute is made. 

Failure to Conduct a Reasonable Investigation After Dispute According to 15 U.S.C. 1681s-2 ( b ), once a consumer disputes the accuracy of an account, the furnisher is required to conduct a reasonable investigation. The fact that the account remains on my credit report with unresolved discrepancies suggests that LVNV Funding did not conduct an adequate investigation into the dispute. This failure to act responsibly in response to a dispute is a violation of the FCRA ( XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX [ XXXX XXXX. XXXX ] ). 

Request for Resolution In light of the aforementioned violations, I demand the following : Full Validation of the Debt : Provide all documentation, including the original contract or agreement with XXXX XXXX XXXX XXXX, showing that this debt is legally enforceable and valid. 

Immediate Removal from My Credit Reports : If LVNV Funding can not provide adequate validation, I demand that this account be immediately deleted from all credit reporting agencies ( XXXX, XXXX, and XXXX ) as required under 15 U.S.C. 1681s-2.

Cease Reporting : I request that LVNV Funding cease reporting this debt until such time as validation has been properly provided. 

Compensation for Damages : If this matter is not resolved promptly, I reserve the right to seek compensation for damages resulting from LVNV Fundings failure to comply with the FDCPA and FCRA, including harm to my credit score and financial reputation. 

Please consider this letter as a formal demand for debt validation under the FDCPA and FCRA. I expect a written response within XXXX  days from the date of receipt of this letter, indicating how LVNV Funding intends to resolve this matter.

Thank you for your prompt attention to this serious issue.