Consumer complaint received 2025-10-15 00:00:00
Product: Debt collection — I do not know
Issue: False statements or representation — Attempted to collect wrong amount
Company: Resurgent Capital Services L.P.
State: PA

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX : XX/XX/XXXX SSN XXXX XXXX XXXX XXXX XXXXXXXX Date : XX/XX/XXXX XXXX  XXXX XXXX, XXXX XXXX. XXXX XXXX XXXX XXXX XXXXXXXX RE : Formal Dispute of Inaccurate Collection Account LVNV Funding LLC Account Number : XXXX To Whom It May Concern, This letter serves as my formal dispute under the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq., regarding the above-referenced collection account reported by LVNV Funding LLC . This account is inaccurate, unverifiable, and in violation of multiple provisions of the FCRA and other consumer protection laws.

1. LVNV Funding LLC is not the original creditor and has failed to provide proof of ownership or assignment.

According to the FCRA 1681s-2 ( a ) ( 1 ) ( A ), a furnisher may not report information that is inaccurate or can not be verified. LVNV Funding LLC is a debt buyer, not the original creditor ( FIT Bank of Missouri ). There is no verified documentation that legally establishes LVNVs ownership of or right to collect this alleged debt.

Case Law Support : Heintz v. Jenkins, 514 U.S. 291 ( 1995 ) : Debt collectors are subject to the same accuracy standards and must verify any claimed debt.

Spears v. Brennan, 745 N.E.2d 862 ( Ind. Ct. App. 2001 ) : The court held that a debt buyer must provide competent evidence of assignment and the amount owed.

2. Failure to comply with FCRA 611 ( a ) ( 1 ) ( A ) Duty to reinvestigate.

Under 15 U.S.C. 1681i ( a ), once notified of a dispute, the credit bureau must conduct a reasonable reinvestigation and delete or correct any unverifiable or inaccurate information. Unless Experian can produce verified documentation from LVNV Funding LLC showing a legal assignment agreement, full account history, and proof of my consent, this account must be deleted immediately.

3. FDCPA Violations Unlawful Collection and Misrepresentation.

Under the Fair Debt Collection Practices Act ( 15 U.S.C. 1692e ), it is unlawful for a debt collector to use any false, deceptive, or misleading representation. Reporting a collection account without verified proof of ownership constitutes a violation of 1692e ( 2 ) ( A ) and 1692e ( 8 ).

4. No contract or consumer consent with LVNV Funding LLC.

I have no contractual agreement or prior relationship with LVNV Funding LLC. Under the FCRA and case law ( Clark v. Capital Credit & Collection Services , Inc., 460 F.3d 1162 ( 9th Cir. 2006 ) ), a collector can not assume liability of a debt without producing a valid assignment chain and account-level documentation.

Demand for Action : Pursuant to 15 U.S.C. 1681i ( a ), I request that Experian conduct a full reinvestigation of this matter. Unless LVNV Funding LLC provides authenticated proof of : 1. The original signed agreement with FIT Bank of Missouri, 2. A complete payment history and accounting, and 3. Valid assignment or bill of sale linking the alleged debt to LVNV Funding LLC, then this collection account must be deleted in its entirety from my credit report within 30 days as required by law. 

Failure to comply will result in a formal complaint filed with the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), and the Pennsylvania Attorney Generals Office for willful noncompliance with the FCRA and FDCPA. 

I expect written confirmation of the results of your reinvestigation and a copy of all documentation used to verify this account. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation