Consumer complaint received 2025-03-28 00:00:00
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt is not yours
Company: Resurgent Capital Services L.P.
State: SC

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XX/XX/XXXX LVNV Funding, LLC Attention : Legal Department XXXX XXXX XXXX XXXX , SC XXXX Re : Cease and Desist Demand Regarding Account Numbers XXXX and XXXX Dear Sir/Madam, I am writing to formally demand that LVNV Funding LLC immediately cease and desist from all communication with me regarding the accounts identified by account numbers XXXX and XXXX. This includes, but is not limited to, all forms of communication, including reporting these accounts to credit reporting agencies. 

I am aware that LVNV Funding LLC has engaged in reporting to credit agencies, and I assert that this form of communication violates my rights under the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692 et seq., and the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq.

Legal Basis for Cease and Desist Demand : Fair Debt Collection Practices Act ( FDCPA ) 15 U.S.C. 1692c ( c ) : Under the FDCPA, when a consumer notifies a debt collector in writing to cease communication, the collector is legally required to stop all further communication, except for certain limited circumstances. Specifically, 1692c ( c ) states that : 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 By continuing to report these accounts to credit reporting agencies after receiving this notice, LVNV Funding LLC is violating my rights under the FDCPA.

Fair Credit Reporting Act ( FCRA ) 15 U.S.C. 1681s-2 ( b ) : The FCRA requires furnishers of information ( such as LVNV Funding LLC ) to ensure the accuracy of the information they report to credit agencies. Once a dispute is raised or a cease and desist request is issued, LVNV Funding LLC is obligated to review and rectify any inaccurate reporting or continue reporting that information unless the underlying debt is substantiated. Inaccurate reporting of a debt to credit agencies can result in harm to my creditworthiness and financial wellbeing, and I demand that all communication related to this debt cease. 

Case Law Supporting Cease and Desist Requests : XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) : The XXXX Supreme Court held that consumers are entitled to protection from abusive and unfair debt collection practices. Continuing to report an account to credit agencies after a cease and desist request is a form of collection that violates these protections under the FDCPA. 

XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) : The Court ruled that the FDCPA applies to all types of debt collectors, including those who report information to credit reporting agencies. The court emphasized that consumers have a right to be free from continuous, harassing debt collection activities, including third-party credit reporting. 

Demand for Immediate Action : In light of the above legal framework, I demand the following : Immediate cessation of all communication related to account numbers XXXX and XXXX, including but not limited to any further reports to credit reporting agencies ( XXXX, XXXX, XXXX, or any other ). 

Confirmation in writing that all such communications have ceased, and that the accounts have been marked as disputed or resolved, as applicable. 

Removal of any negative or inaccurate information regarding these accounts from all credit reports submitted to any credit agency. 

Please consider this letter a formal and final request for LVNV Funding LLC to cease and desist all further communication. Failure to comply with this request will leave me with no choice but to take further action, including but not limited to filing complaints with the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), and seeking legal remedies through the courts. 

I expect written confirmation of your compliance with this request within 30 days of receipt of this letter. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation