Consumer complaint received 2024-08-29
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: Resurgent Capital Services L.P. (NJ)

Reference ID : XXXX Certified Receipt : XXXX XXXX XXXX XXXX XXXX I am writing to formally notify Resurgent Capital Services L.P. , servicer for LVNV Funding LLC, has violated the Cease-and-Desist letter I previously sent on XX/XX/year> certified receipt # : XXXX XXXX XXXX XXXX XXXX and XX/XX/year> Certified Receipt # : XXXX XXXX XXXX XXXX XXXX XXXX. Reference # XXXX this letter serves as a formal complaint regarding your continued attempts to contact me directly or indirectly despite my explicit request to cease all communications. 
Details of Violations : 1. Violation of Cease-and-Desist Request : on XX/XX/year> I mailed a notice asking Resurgent Capital Services L.P. to cease and desist all forms of communication with me they disregarded my notice and mailed me a notice on XX/XX/year>, I wrote them a second notice on XX/XX/year> letting them know they are in violation of my cease and desist notice XX/XX/year> to cease all communication, on XX/XX/year> I received a notice dated XX/XX/year> from Resurgent Capital Services L.P. again after they were via mailed another notice to Cease and Desist.

as stated in my Cease-and-Desist letter, I requested that all communications regarding the alleged debt be ceased immediately that included the conveying of information regarding this alleged debt through any medium This request was made in accordance with my rights under the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692c ( c ). Your continued attempts to contact me constitute a violation of this statute.

2. Failure to Provide Proper Debt Verification : Under the FDCPA, 15 U.S.C. 1692g ( b ), you are required to provide proper verification of the debt. Verification is not merely providing bill statements but must include a sworn statement of the truth of facts of the matter, based on firsthand knowledge, and notarized. Your failure to provide such verification is a violation of this requirement.
3. Misleading and False Representation : LVNV Funding LLC has claimed damages in 9,847.42 when less than that amount was paid. This is misleading and constitutes false representation, which is fraud under the FDCPA, 15 U.S.C. 1692e.

4. Unauthorized Access to Personal Information : Resurgent Capital Services L.P. and LVNV Funding LLC obtained my personal information without my authorization. I did not do business with LVNV Funding LLC, and they opened an account in my name without my knowledge or consent. This constitutes aggravated identity theft under 18 U.S.C. 1028A.

5. Continued Communication Despite Cease-and-Desist Requests : Your company continues to send me notices and communicate with me through my consumer report after I requested you to cease and desist. This is a clear violation of my rights under the FDCPA, 15 U.S.C. 1692c ( c ).

Demand for Immediate Action : I demand that Resurgent Capital Services L.P. and LVNV Funding LLC immediately cease all forms of communication, through any medium that includes my consumer report regarding this matter. Failure to comply with these demands will leave me no choice but to pursue all available legal remedies, including filing a complaint with the Consumer Financial Protection Bureau ( CFPB ) and the Federal Trade Commission ( FTC ). Secretary of state in my state and Secretary of state for SC.