Consumer complaint received 2025-06-23 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account status incorrect
Company: Resurgent Capital Services L.P.
State: TX

Complaint narrative:
I am filing this complaint to report violations of the Fair Credit Reporting Act ( FCRA ) and Fair Debt Collection Practices Act ( FDCPA ) involving a tradeline and hard inquiry by LVNV Funding LLC, currently serviced by Resurgent Capital Services and reported on my consumer credit file. 

Resurgent responded to CFPB Case # XXXX with a letter dated XX/XX/XXXX, confirming that the alleged account originated with XXXX XXXX XXXX XXXX , was charged off in XX/XX/XXXX, and subsequently acquired by LVNV Funding LLC . I challenge the legality and accuracy of the continued reporting and collection of this account on the following legal grounds : 1. Lack of Permissible Purpose for Inquiry or Reporting Under 15 U.S.C. 1681b ( a ), a consumer reporting agency may only furnish a report if the requester has a permissible purpose. LVNV Funding has provided no documentation demonstrating any direct business relationship, application for credit, or contractual agreement authorizing access to or reporting of my credit file.

2. Inadequate Debt Verification Under FDCPA Pursuant to 15 U.S.C. 1692g ( b ), consumers have the right to dispute the validity of a debt and request proper
verification. The verification referenced in Resurgents response is legally insufficient, as it fails to include a signed original agreement or chain of custody for the alleged debt. The court in XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ) held that boilerplate statements or spreadsheets do not satisfy FDCPA verification standards.

3. Re-Aging of Charged-Off Account The debt was charged off in XXXX, but LVNV appears to be misreporting or re-aging the tradeline by continuing updates that make it appear more recent. This violates 15 U.S.C. 1681c ( a ) ( 4 ), which prohibits reporting of accounts more than 7 years from the date of original delinquency, and potentially violates FTC advisory opinions on re-aging.

4. Failure of CRAs to Conduct Reasonable Investigation If this matter was submitted to credit reporting agencies, and they continued to report the item based solely on furnisher claims, such action violates 15 U.S.C. 1681i ( a ) ( 1 ) ( A ). In XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX Cir. XXXX ), the court found that agencies must conduct a reasonable investigation and not merely accept the word of the furnisher. Request for CFPB Action I respectfully request
the CFPB take the following actions : 1. Investigate LVNV Funding LLC and Resurgent Capital Services for FCRA and FDCPA violations.

2. Compel LVNV/Resurgent to provide documentation establishing : The legal right to collect or report the account. 
A signed contract from the original creditor ( XXXX XXXX ). 
A valid, unbroken chain of title or bill of sale.

3. If they can not produce such evidence, require deletion of this tradeline and inquiry from all credit reporting agencies.

4. Consider enforcement or referral to the Federal Trade Commission ( FTC ) or state attorney general if systemic misconduct is identified. 



This is a good faith complaint filed under my rights as a consumer under the Fair Credit Reporting Act and the Consumer Financial Protection Act. Please keep me informed of your investigation and the outcome.

Company response to consumer: Closed with explanation