Consumer complaint received 2025-10-27 00:00:00
Product: Debt collection — I do not know
Issue: Written notification about debt — Didn't receive notice of right to dispute
Company: Resurgent Capital Services L.P.
State: CA

Complaint narrative:
CFPB Complaint for XXXX XXXX Continued Violations by LVNV Funding LLC, Resurgent Capital Services, and XXXX XXXX XXXX XXXX XXXX Companies Involved Primary : LVNV Funding LLC Servicer : Resurgent Capital Services , L.P . 
Law Firm : XXXX XXXX XXXX XXXX XXXX Summary of Complaint This complaint documents continued and unlawful collection activity by LVNV Funding LLC, its servicer Resurgent Capital Services, L.P., and its representing law firm XXXX XXXX XXXX XXXX XXXX despite an active CFPB investigation under prior Complaint ID XXXX. 

The consumer, XXXX XXXX, originally disputed the alleged debt related to XXXX XXXX XXXX, XXXX. ( account ending in XXXX ) and filed a CFPB complaint earlier this month. That complaint remains open. However, since filing, all three companies have continued their collection efforts and issued additional communications that directly violate the Fair Debt Collection Practices Act ( FDCPA, 15 U.S.C. 1692 et seq. ), the Fair Credit Reporting Act ( FCRA, 15 U.S.C. 1681 et seq. ), and the XXXX XXXX Fair Debt Collection Practices Act ( XXXX. XXXX. XXXX XXXX et seq. ). 



XXXX. Threat of Litigation While Under Federal Review On XX/XX/year>, XXXX XXXX XXXX XXXX XXXX mailed a document titled Notice of Intention to Sue and Incur Costs. This letter threatens legal action within XXXX ( XXXX ) days, citing XXXX Code of Civil Procedure 1033. 
At the time this letter was issued, the account was still under dispute and part of an active CFPB investigation. 

Threatening litigation without verification and while a federal complaint is pending violates : 15 U.S.C. 1692b ( 6 ) prohibiting collection activity prior to debt validation 15 U.S.C. 1692e ( 5 ) prohibiting threats of legal action not legally permitted Cal. Civ. Code 1788.17 incorporating FDCPA into California law XXXX. Continued Contact After Cease-and-Desist Prior to and during the CFPB investigation, the consumer sent formal debt-validation and cease-communication letters to both LVNV Funding LLC and Resurgent Capital Services, demanding verification of the alleged account and cessation of all contact. 

Despite this, Resurgent Capital Services sent multiple text messages from short code XXXX, verified and documented as follows : XX/XX/year> ( XXXX XXXX  ) : Welcome! Youll receive msgs from Resurgent Debt Collector XX/XX/year> ( XXXX XXXX ) : Resurgent Debt Collector : XXXX, the perfect offer for your acct ending in XXXX could be available now [ ] These are clear examples of continued collection attempts and misleading communication in violation of : 15 U.S.C. 1692c ( c ) prohibiting contact after written cease request 15 U.S.C. 1692e misleading and deceptive representation of a debts status 15 U.S.C. 1692f unfair and unconscionable collection methods Cal. Civ. Code 1788.11 ( d ) ( e ) continuous communication with intent to harass or annoy Additionally, each unsolicited text message sent after a cease request constitutes a separate violation of the XXXX XXXX XXXX XXXX ( XXXX XXXX. XXXX ), entitling the consumer to statutory damages of up to {$1500.00} per willful message. 



XXXX. Deficient Debt Validation and Ongoing Reporting In their prior response to the CFPB dated XX/XX/year>, Resurgent Capital Services provided a generic Account Summary referencing transfers between debt buyers. 
No signed contract, account-level documentation, or complete chain of title proving LVNVs legal ownership was provided. 

Continuing to collect and report without valid verification violates 15 U.S.C. 1692g ( b ). 
Additionally, the ongoing furnishing of these unverifiable tradelines to Experian, Equifax, and TransUnion, including unverified balances and post-charge-off interest, constitutes willful violation of the FCRA 623 ( b ) ( 15 U.S.C. 1681s-2 ( b ) ). 

CFPB Compliance Bulletin XXXX requires debt collectors to possess competent and reliable evidence of ownership and accuracy before collecting or furnishing. 
LVNV and Resurgents continued reporting without such evidence directly contravenes this federal guidance. 



XXXX. Certified Notice and Proof of Delivery On XX/XX/year>, the consumer mailed a certified letter titled Notice of Active CFPB Complaint & Continued Violations Demand to Cease Collection and Litigation. 
This letter was received and confirmed by XXXX delivery tracking. 

Despite confirmed delivery, both Resurgent Capital Services and XXXX XXXX XXXX continued communications, demonstrating a knowing and deliberate disregard of federal and state law. 



Pattern and Practice of Non-Compliance The collective conduct of LVNV Funding LLC, Resurgent Capital Services, and XXXX XXXX XXXX XXXX shows a repeated pattern of disregarding federal oversight and consumer protection statutes, constituting a systemic failure to comply with the FDCPA, FCRA, and XXXX XXXX. 
The consumer respectfully requests that the CFPB escalate this matter for enforcement consideration. 



Requested Resolution That the CFPB instruct LVNV Funding LLC, Resurgent Capital Services, and XXXX XXXX XXXX XXXX to immediately cease all collection and litigation activity while this matter is under Bureau review.

That the Bureau investigate these entities for repeated violations of 15 U.S.C. 1692c, 1692e, 1692f, 1692g ( b ), 1681s-2 ( b ), and Cal. Civ. Code 1788.17. 
That these ongoing communications and legal threats be logged as evidence of systemic misconduct for CFPB Enforcement and referral to the XXXX  Attorney Generals Office. 



Attachments to be Uploaded Exhibit A Notice of Active CFPB Complaint & Continued Violations ( XX/XX/year> ) Exhibit B XXXX Certified Mail Delivery Confirmation Exhibit C Text Messages from Short Code XXXX Exhibit D XXXX XXXX XXXX Notice of Intention to Sue ( XX/XX/year> ) Exhibit E Resurgent Response Packet ( XX/XX/year> ) Respectfully submitted, XXXX XXXX XXXX : XX/XX/year> XXXX

Company response to consumer: Closed with non-monetary relief