Consumer complaint received 2024-11-15 00:00:00
Product: Debt collection — Credit card debt
Issue: Took or threatened to take negative or legal action — Threatened to sue you for very old debt
Company: Resurgent Capital Services L.P.
State: CA

Complaint narrative:
I am writing to formally file a complaint against Resurgent Capital Services and LVNV Funding LLC due to their persistent harassment, failure to validate the debt properly, and illegal attempts to collect a time-barred debt. Despite my repeated requests to cease communication, this company has engaged in unfair and abusive debt collection practices, ignoring both federal and California state laws designed to protect consumers from such misconduct.

Complaint Summary : Initial Contact : Resurgent Capital Services initially contacted me on XX/XX/XXXX XXXX XXXX regarding a debt allegedly owed to LVNV Funding LLC. 

Requests for Cease Communication : On XX/XX/2024, I instructed them via email to stop contacting me. However, despite my explicit instructions, they have continued to send messages and leave voicemails, violating my right to cease communication. 
Unsolicited Communications : Resurgent continued to contact me multiple times : XX/XX/2024 : Voicemail message after I had already requested no further contact. 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXX/XX/XXXX, and XX/XX/XXXX XXXX XXXX  : Continued unsolicited phone calls and messages. 
NOTE : THEY MADE A FALSE CLAIM REPORTING A PAYMENT DATE OF MY LAST PAYMENT AS XX/XX/XXXX  AND THAT IS INACCURTE INFORMATION BEING Used TO MISREPRESENT THE ACCOUNTS AGE, POTENTIALLY TO CIRCUMVENT THE STATUTE OF LIMITATIONS ON DEBT COLLECTION. BY FALSELY CLAIMING RECENT PAYMENT THIS COMPANY IS ATTEMPTING TO ( RE-AGE ) THE DEBT, WHICH IS A DECEPTIVE PRACTICE UNDER THE ( FDCPA ) AND ( FCRA ). I HAVE NOT MADE ANY PAYMENT ON THIS DEBT TO THEM OR ANY OTHER COMPANY. 

Legal Violations Resurgent Capital Services and LVNV Funding LLC have violated several state and federal laws through their actions : XXXX. California Statute of Limitations on Debt Collection Under California Civil Code 337, the statute of limitations on most consumer debts is four years from the date of the last payment or charge-off. This debt is over ten years old, making it time-barred and unenforceable in court. Resurgent Capital Services failed to inform me that this debt is time-barred, violating my rights under California law . 

XXXX. Federal Fair Debt Collection Practices Act ( FDCPA ) The FDCPA prohibits deceptive, unfair, or abusive practices in debt collection. Resurgent Capital Services has ignored my requests to stop communication, a clear violation of the FDCPA. Additionally, they have attempted to collect on a time-barred debt without disclosing its status, which is misleading and illegal under the FDCPA. 

XXXX. Fair Credit Reporting Act ( FCRA ) The FCRA restricts negative information reporting to seven years from the date of first delinquency. Since this debt is over ten years old, Resurgent Capital Services and LVNV Funding LLC can not legally report this debt as active. Should they attempt to re-age the debt to make it appear current, it would be a violation of the FCRA and grounds for further complaints. 

XXXX. California Rosenthal Fair Debt Collection Practices Act The Rosenthal Act ( Civil Code 1788 ) prohibits harassing and threatening practices in debt collection. Resurgent and LVNV Funding LLCs repeated, unwanted communications and misleading debt representations are violations under this Act. They have not adhered to the fair and respectful treatment standards mandated for debt collectors in California. 

Supporting Documentation To support my complaint, I am enclosing copies of the communications I received, including voicemails and emails, as well as copies of my certified letters requesting validation of the debt. Resurgent Capital Services response included only an account summary prepared by them, which does not meet the legal standards for adequate validation. They have provided no documentation from the original creditor, XXXX XXXX, and have failed to substantiate the amount claimed. 



Request for Action I request that the CFPB investigate XXXX XXXX XXXX and LVNV Funding LLC for these violations of federal and state debt collection laws. I am seeking the following resolutions : XXXX. Immediate cessation of all direct and indirect communications from Resurgent Capital Services and LVNV Funding LLC, as required by law. 

XXXX. Full validation of the debt in question, with documentation from the original creditor. 

XXXX. Removal of any references to this time-barred debt from my credit report, in line with FCRA standards XXXX 

XXXX. Penalties and corrective measures against Resurgent Capital Services and LVNV Funding LLC for their deceptive, unfair, and harassing practices.

Company response to consumer: Closed with explanation