Consumer complaint received 2024-03-09
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. (CA)

My XXXX consumer file shows a collection account reported by LVNV Funding. LVNV Funding is in the business of acquiring defaulted consumer debt originally owed to others. LVNV Funding outsources the collection of the debt it purchases to Resurgent Capital Services, which serves as its master servicing agent. If both companies identify as debt collection agencies, they should be fully aware the original account is past the California and Delaware statute of limitations for debt ( Code of Civil Procedure, 337, and Delaware Code Title 10 8106 ), making it no longer enforceable or reportable. In fact, the original account was already well past the statute in ALL State jurisdictions when it was purchased or acquired by LVNV Funding / Resurgent. This is a violation of Cal. Civ. Code 1785.25. The first time I disputed this account, LVNV Funding / Resurgent sent me copies of old statements they obtained from the original creditor. A debt collector clearly violates the FDCPA when it misleads a consumer to believe a time-barred debt is legally enforceable. The reporting of this account is a misrepresentation, and the status of the debt is misleading. I believe LVNV Funding / Resurgent was fully aware of the statute before reporting the account, or sending me misleading documentation and correspondence. Unfortunately, LVNV Funding / Resurgent has a history of prior accusations involving trying to collect time-barred debt even though it is unenforceable, and purposefully not informing the consumer. ( XXXX v. LVNV Funding, LLC ). Under the FDCPA, " [ a ] debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. '' 15 U.S.C. 1692e. The statute specifically enumerates " [ t ] he false representation of ... the character, amount, or legal status of any debt, '' " the threat to take any action that can not legally be taken or that is not intended to be taken, '' and " the use of any false representation or deceptive means to collect or attempt to collect any debt '' as conduct that violates 1692e. 15 U.S.C. 1692e ( 2 ), ( 5 ), ( 10 ). Additionally, 15 U.S.C. 1692f prohibits a debt collector from using " unfair or unconscionable means to collect or attempt to collect a debt. '' Both 1692e and 1692f apply only to the conduct of a " debt collector, '' which the FDCPA defines as " any person ... in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. '' 15 U.S.C. 1692a ( 6 ). There are also several violations of Cal. Civ. Code 1785.25 which states ( a ) A person shall not furnish information on a specific transaction or experience to any consumer credit reporting agency if the person knows or should know the information is incomplete or inaccurate. In my XXXX report, the information that should be under the account type, original creditor name, and closed sections are completely missing, the open date is inaccurate, and the balance is inaccurate. The discrepancies in the information provided to XXXX is considered inaccurate and incomplete information, which makes the account ineligible to be reported. This inaccurate and negligent reporting by LVNV Funding / Resurgent is damaging to my creditworthiness and is adversely affecting my credit rating and ability to obtain credit. Additionally, according to Metro2 compliance, physical carbon copies of all information must be sent to each company the account is being reported to. Does LVNV Funding / Resurgent have evidence it has fulfilled this carbon copy requirement? XXXX should easily be able to confirm these were received by mail. If they were not received, this account is not eligible to be reported under Metro2 standard. As a reputable reporting agency, I expect XXXX to do their due diligence in investigating my claims. I believe several violations will be found, and this account will be properly deleted due to the inaccuracy and incompleteness of the file and the expired statute of limitations. I also expect records to be checked to ensure XXXXVNV Funding / Resurgent has complied with the Metro2 carbon copy mailing requirement. Please be advised If I suspect any negligence or willful non-compliance from any party in failing to conduct a proper investigation of these matters, I will equally hold LVNV Funding/ Resurgent and XXXX to the full extent of the law for civil money penalties, violations, actual damages, and any other relief that is just and proper. LVNV Funding has a documented history of repeated violations of the FDCPA, and has been sued multiple times in FederaXXXX court for violations similar to those listed in this complaint ( XXXX XXXX. XXXX, XXXX XXXX. XXXX, XXXX XXXX. XXXX, XXXX XXXX. XXXX - to note a few ) For clarity, a true investigation does not involve LVNV Funding / ResurgenXXXX or XXXX submitting codes to one another over eOscar. That will not be considered satisfactory, as Consumer law does not state that investigations are to be completed through eOscar. The investigation needs to be performed by a review of actual records and documents. This complaint is being sent in good faith through the CFPB, a regulatory agency to all parties. I pray for equitable relief, fairness in review, and I reserve the right to use this complaint and any subsequent responses from either party in any legal proceeding should one occur.