Consumer complaint received 2024-08-29 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: Resurgent Capital Services L.P.
State: CA

Complaint narrative:
The following account is not mine Account Name : LVNV FUNDING LLCAccount Number : XXXX This debt collector lacks a contract with me and has not provided proof under the doctrine of estoppel by silence ( XXXX XXXX XXXX XXXX XXXX XXXX XXXX ). I presume no proof or debt exists. Per 18 USC 8 and 15 USC 1681-B2, I owe no debt, and this company is violating my consumer privacy rights by reporting my information without permission. Under FDCPA, I refuse to pay this debt and request that all communication cease. The notice fails to provide required verification under 15 U.S.C. 1692g, and uses potentially misleading language under 15 U.S.C. 1692e. I dispute the validity of this debt and request : * Verification of the debt and proof of the amount owed. * Documentation showing your agency 's authorization to collect. Until verification is provided, cease all collection activities. Any further action without proper verification will be a violation of the FDCPA Why is the balance {$2000.00}? 
Why was this account opened on XX/XX/XXXX on XXXX? 
Why has this account, previously disputed and removed, been reinserted without notification? 

XXXX Requested : Delete this account immediately and provide monetary relief for violations under FCRA and FDCPA. I sent an initial complaint dated XX/XX/XXXX with the inaccuracies that are being reported differently across XXXX and XXXX. 

They ( LVNV FUNDING ) received that letter with certified returned receipt on XX/XX/XXXX. Their response was a " canned '' response that all is well and they are reporting out accurately. A second letter was sent today ( XX/XX/XXXX ) certified signature required with further violations highlighted. I hope they cure the deficiencies by fixing or deleting the inaccurate items as required by Law. 

First Round Creditor LVNV FUNDING LLC XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX CA XXXX LVNV FUNDING LLC XXXX XXXX XXXX XXXX, SC XXXX Account Name : LVNV FUNDING LLCAccount Number : XXXX DATE : XX/XX/XXXX To Whom it May Concern, I am writing to dispute the following inaccurate information being reported on my XXXX XXXX XXXX XXXX and XXXX consumer reports : I am writing to dispute a debt collection notice I received from your agency, which I believe violates the Fair Debt Collection Practices Act ( FDCPA ). Upon review of the notice, I have identified several discrepancies and potential violations : The following account is not mine LVNV FUNDING LLC Account Number : XXXX This account is not mine. 

I am putting you on notice that I the consumer refuse to pay this debt under the fdcpa : ( c ) Ceasing communication If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except **Violation of FDCPA : ** The notice fails to provide verification of the debt as required by 15 U.S.C . 1692g. I have not received any validation or verification of this debt despite previous requests.

**Misleading or Deceptive Practices : ** The language used in the collection notice could be perceived as misleading or deceptive under 15 U.S.C. 1692e. It does not clearly state my rights to dispute the debt or request verification.

Under the FDCPA, I am entitled to verification of this debt and to dispute its validity. Therefore, I request that you provide me with the following information promptly : - Verification of the debt, including proof of the amount owed and the original creditor. 
- Documentation showing that your agency is authorized to collect this debt. 

Please note that until proper verification is provided, I dispute the validity of this debt and request that you cease all collection activities, as required by 15 U.S.C. 1692g ( b ). Any further collection efforts without providing the requested verification will be considered a violation of the FDCPA.

Please respond to this dispute within 30 days from the date of this letter. Your failure to comply with the FDCPA may result in legal action being pursued against your agency. 

Failure to address these issues promptly will leave me with no option but to pursue all available legal remedies, including filing a complaint with the IRS, the Consumer Financial Protection Bureau ( CFPB ), and potentially initiating legal action. 

Given these violations, I am requesting that you immediately cease reporting the inaccurate information and delete the account from my credit report. Please send me a written confirmation of the deletion within 30 days of receiving this letter. 

Thank you for your prompt attention to this matter. Failure to comply with this request may result in legal action being taken against your company for non-compliance with the FCRA & FDCPA.

Company response to consumer: Closed with explanation