Consumer complaint received 2024-07-20
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: Resurgent Capital Services L.P. (TX)

I am writing to formally re-dispute the accuracy of the information contained in my consumer credit report concerning the account and collection efforts by Resurgent Capital Services and LVNV FUNDING LLC. 

Account Number : XXXX Original Creditor : XXXX XXXX XXXX  XXXX Owner : Reference ID : XXXX Balance : {$1400.00} Reporting on the XXXX Credit Report as LVNV FUNDING LLC XXXX Despite my previous attempts to address these inaccuracies, the issues remain unresolved. 

Steps Taken by Me : I sent multiple certified letters on XX/XX/XXXX, to : Original Creditor : XXXX XXXX XXXX  at the address provided in the credit report letter : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX, MO XXXX. These letters have been returned to the sender ( see attached return envelope ). 
LVNV FUNDING LLC : XXXX XXXX letter tracking # XXXX XXXX XXXX XXXX XXXX XXXX, detailing my concerns and requesting proof of debt validation. None of the companies mentioned above has provided proof of debt validation as required by law. 
I filed a previous complaint with the CFPB against XXXX XXXX XXXX ( Complaint ID XXXX ) on XX/XX/XXXX, regarding this account. XXXX XXXX XXXX closed the complaint on XX/XX/XXXX without providing the necessary documentation to support these claims. The response indicated that LVNV FUNDING LLC had updated the information without proper validation. 
I requested that XXXX XXXX XXXX provide proof of the debt and documentation supporting the debt report 's legitimacy and accuracy, as well as how these accounts were verified and updated on my consumer credit report. 
On XX/XX/XXXX, I filed another complaint with the CFPB against XXXX XXXX XXXX ( Complaint ID XXXX ), which is still open and ongoing. Due to this complaint, I received a letter from Resurgent Capital Services L.P. dated XX/XX/XXXX, stating : We have reviewed your dispute and applicable account records and determined that there does not appear to be sufficient information to support your claim of inaccuracy. We, therefore, deny the alleged inaccuracy because of our belief that our information regarding the account is accurate. 
Background and Dispute Details : To be clear, it is not legal to report a debt without providing proof of its validity. The reporting agency on my credit file is LVNV Funding, and the document sent does not prove that I own or am liable for this debt. I have asked for a signed contract with my signature. The information in the letter I received from Resurgent Capital Services L.P. dated XX/XX/XXXX, states under Section Historical Account Information : The original creditor for this account was : XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX, MO XXXX The origination date with the original creditor was : XX/XX/XXXX The account charge-off date was : XX/XX/XXXX The account charge-off amount was : {$1400.00} The account was acquired on or about : XX/XX/XXXX The account balance at the time of acquisition : {$1400.00} Despite my multiple requests, XXXX XXXX Solutions ' initial investigations concluded that the information was accurate, verified, or updated. However, LVNV FUNDING LLC, Resurgent Capital Services L.P., and XXXX XXXX XXXX did not provide the required proof, violating my rights to proof of this debt. 

The List of Proof Needed : Verification of the debt amount and my ownership of this debt. 
Documentation from the original creditor, XXXX XXXX XXXX, and from the alleged current owner, LVNV FUNDING LLC, or Resurgent Capital Services L.P . 
Documentation showing the exact date this debt was allegedly acquired. 
Documentation showing how much this debt was allegedly acquired for. Resurgent Capital Services L.P. is known for purchasing debts for pennies on the dollar and then attempting to reclaim the full amount, which could be illegal. 
Relevant Provisions : The relevant provisions in the United States Code that pertain to a creditor providing proof of debt are found in the Fair Debt Collection Practices Act ( FDCPA ), specifically 15 U.S.C. 1692g, which outlines the validation of debts.

Documentation Enclosed : A copy of the certified delivery proof confirming receipt of my original dispute letter to LVNV FUNDING. 
A copy of my initial letters sent to LVNV FUNDING LLC. 
A copy of the returned letter addressed to The XXXX XXXX XXXX 
A copy of the letter received from Resurgent Capital Services L.P. dated XX/XX/XXXX. 
Considering the lack of evidence provided by LVNV FUNDING LLC, Resurgent Capital Services L.P., and XXXX XXXX XXXX, I demand that these tradelines be deleted from my consumer credit report to reflect the accurate status of my account. Furthermore, I request that LVNV FUNDING LLC and Resurgent Capital Services L.P. cease all collection efforts.

Expectation of Timely Resolution : I expect you to conduct a reasonable reinvestigation of this matter and correct my credit report accordingly. Please confirm in writing that the requested corrections have been made to my credit file. I anticipate a response within 15 days of the date of this letter. 

If this issue is not resolved, I will exercise my rights under 15 U.S.C. 1681n, which pertains to civil liability for willful noncompliance under the Fair Credit Reporting Act ( FCRA ). This statute provides the legal framework for individuals to seek damages when a person or entity willfully fails to comply with the requirements of the FCRA.

Key Provisions of 15 U.S.C. 1681n : Willful Noncompliance : Any person who willfully fails to comply with any requirement imposed under the FCRA concerning any consumer is liable to that consumer.

Damages : The consumer may recover actual damages sustained or damages of not less than {$100.00} and not more than {$1000.00}.

Punitive Damages : The court may award punitive damages as it deems appropriate.

Attorney 's Fees and Costs : The consumer may also recover the costs of the action together with reasonable attorney 's fees as determined by the court.

Attorney 's Fees in Case of Bad Faith : If the court finds that an unsuccessful pleading, motion, or other paper was filed in bad faith or for the purposes of harassment, the court shall award the prevailing party attorney 's fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper. 
I will also file a claim with the Attorney General, the XXXX, and any other relevant agency, as LVNV FUNDING LLC and Resurgent Capital Services L.P. are known for violating the rights of people of color and minorities and not correcting unproven information on their credit reports.

Relevant Provisions : Equal Credit Opportunity Act ( ECOA ) - 15 U.S.C. 1691 Scope of Prohibition : It shall be unlawful for any creditor to discriminate against any applicant with respect to any aspect of a credit transaction : On the basis of race, color, religion, national origin, sex, marital status, or age ( provided the applicant has the capacity to contract ).

Because all or part of the applicants income derives from any public assistance program.

Because the applicant has in good faith exercised any right under the Consumer Credit Protection Act.

Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d Prohibits discrimination on the grounds of race, color, or national origin under any program or activity receiving federal financial assistance.