Consumer complaint received 2023-12-21
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt is not yours
Company: Resurgent Capital Services L.P. (MO)

I am writing to file a formal complaint against Resurgent/LVNV Funding LLC for alleged identity theft and violation of Federal Consumer Protection Laws. 

I have never authorized Resurgent/LVNV Funding LLC to use my personal information for mail fraud or to contact me regarding an alleged debt, which I firmly deny owing under 15 USC 1692c ( c ). Despite multiple electronic disputes and attempts to request verification and validation of this purported debt, I have received no satisfactory response from your company proving that the debt is mine. This lack of response is a direct violation of my federally protected rights. 

I demand an immediate cessation of all collection attempts and the removal of this alleged account from my consumer reports. Resurgent/LVNV Funding LLC reported false and inaccurate information in addition to the absence of compelling evidence. This deliberate violation breaches the requirements of the Fair Credit Reporting Act ( FCRA ) and the Fair Debt Collection Practices Act ( FDCPA ). I insist that Resurgent/LVNV Funding LLC provide sufficient documentary evidence demonstrating my legal obligation to pay this debt, specifically the original contract and instrument bearing my signature, before any further communication or collection activities are pursued pursuant to 15 U.S.C 1681 section 602 A. Failure to provide such evidence will result in legal action seeking damages, and Resurgent/LVNV Funding LLC may face criminal liabilities, including aggravated identity theft, extortion, theft by deception, securities fraud, and mail fraud as per 18 USC 1028A . 

I will also inform you that if your offices continue to report invalidated information to any of the three major credit bureaus ( XXXX, XXXX, and XXXX ), this action might constitute fraud under both federal and state laws. 

Continual breaches of regulations have led to substantial financial harm, distress and encroached upon my Consumer rights. I do not give Resurgent/LVNV Funding LLC permission to communicate with me regarding any alleged debts, as stipulated in 15 U.S.C. 1692c ( a ). The negative reporting on my credit report is defamation of character, and I have the right to seek actual damages according to 15 U.S.C. 1692k ( a ) ( 1 ). This negative reporting has caused me to be unable to secure a new car, and I believe that Resurgent/LVNV Funding LLC is engaging in extortion by reporting on my credit for this alleged debt. Given these circumstances, I am requesting the following actions : 1. Investigation : I urge the Consumer Financial Protection Bureau ( CFPB ) to conduct a comprehensive inquiry into Resurgent/LVNV Funding LLC actions to assess the extent of their violations and enforce compliance with the FDCPA.

2. CEASE Collection Efforts : I demand an immediate cease and desists to all collection activities by Resurgent/LVNV Funding LLC regarding the alleged debt UNTIL they furnish valid verification as mandated by the FDCPA.

3. Remedial Measures : I implore the CFPB to take necessary steps to ensure Resurgent/LVNV Funding LLC rectifies their violations, which may involve imposing suitable penalties and sanctions allowed under the FDCPA.

Please consider this as an official notice under UCC 1-202f, and I expect your prompt attention and response to this matter.