Consumer complaint received 2024-05-17
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt is not yours
Company: Resurgent Capital Services L.P. (TX)

I am writing to file a formal complaint against LVNV Funding LLC regarding their illegal practices in purchasing and attempting to collect an alleged debt under my name. This company has not only failed to comply with mandatory legal requirements but has also engaged in activities that constitute identity theft. 

To provide a clear understanding of the situation, the following points outline LVNV Funding LLCs violations and my demands for immediate action : Lack of Debt Validation : LVNV Funding LLC has never provided me with a debt validation letter that includes my signature. According to the Fair Debt Collection Practices Act ( FDCPA ), they are required to validate the debt within five days of their first contact with me. I have not received any such documentation, which questions the legitimacy of their claim. 

Absence of Critical Financial Documentation : Alongside the debt validation letter, LVNV Funding LLC has failed to furnish a 1099-C form, a 2048 balance sheet, an account ledger, or a bill of sale agreement. These documents are crucial to prove that they legally purchased any debt associated with my name. Their absence implies that LVNV Funding LLC can not substantiate their ownership of the debt. 

Unauthorized Acquisition of Alleged Debt : Without the necessary documentation, it is clear that LVNV Funding LLC has no legal right to collect any debt in my name. Their failure to provide a bill of sale agreement suggests that the alleged debt may have been acquired through unlawful means, raising serious concerns about identity theft.

Transaction Proof Requirement : A legitimate debt transaction involves two parties, and LVNV Funding LLC needs to prove that I was a party to the original transaction. According to the FDCPA, they must provide clear evidence, including a signed agreement with my name, to verify that I was indeed involved in the transaction that led to the debt. 

Identity Theft and Fraudulent Reporting : The actions of LVNV Funding LLC amount to identity theft. They have unlawfully used my personal information to create and report a false debt on my consumer report. This fraudulent activity has adversely affected my credit standing and caused significant distress. 

Violation of the Fair Credit Reporting Act ( FCRA ) : By reporting inaccurate and unverified information to credit reporting agencies, LVNV Funding LLC has violated the FCRA. This false information must be promptly removed from my credit report to prevent further damage to my financial reputation. 

Given these points, I demand the following actions be taken immediately : LVNV Funding LLC must cease all collection activities related to the alleged debt. 
The purported debt must be removed from my consumer report. 
A thorough investigation into LVNV Funding LLCs practices should be conducted to prevent further incidents of identity theft and unlawful debt collection. 
I should be provided with confirmation that my identity and personal information have been secured and will no longer be misused by LVNV Funding LLC. 
I trust the Consumer Financial Protection Bureau will take swift and decisive action to address these serious violations. Please keep me informed of the progress and outcome of this complaint. 

Thank you for your prompt attention to this matter.