Consumer complaint received 2025-11-13 00:00:00
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt was paid
Company: Resurgent Capital Services L.P.
State: FL

Complaint narrative:
LVNV Funding LLC and Resurgent Capital Services SUBJECT : Multiple FDCPA and FCRA Violations- Failure to Validate Debt, Improper Account Reopening, Potential Time-Barred Debt Collection I am filing this complaint against LVNV Funding LLC and their agent Resurgent Capital Services , L.P. for multiple serious violations of the Fair Debt Collection Practices Act ( FDCPA ) and Fair Credit Reporting Act ( FCRA ). 

ACCOUNT DETAILS : - Account Number : XXXX - Original Creditor : XXXX XXXX XXXX, XXXX. 
- Current Owner : LVNV Funding LLC - Collection Agent : Resurgent Capital Services , L.P . 
- Date Account Reopened : XX/XX/XXXX - Original Charge-off Date : XX/XX/XXXX VIOLATION # XXXX : FAILURE TO VALIDATE DEBT ( FDCPA 1692g ) I have sent XXXX written validation requests to Resurgent Capital Services : - First Request : XX/XX/XXXX - Second Request : XX/XX/XXXX ( detailed XXXX documentation checklist ) - Third Request : XX/XX/XXXX Their only response was a letter dated XX/XX/XXXX containing a one-page " Account Summary Report '' which I informed them does NOT constitute proper validation. Their response failed to include : Bill of Sale or Purchase Agreement showing LVNV purchased this account Original signed contract or credit application with MY signature Complete payment history from XXXX XXXX XXXX  XXXX of title documentation showing ownership transfer Proof of Florida collection license for both companies Method of verification documentation Itemized balance breakdown Despite my detailed second request on XX/XX/XXXX explaining exactly what was missing and why their response was inadequate, they have REFUSED to provide complete validation. 

VIOLATION # 2 : FCRA 1681s-2 ( b ) - REPORTING UNVERIFIED DEBT On XX/XX/XXXX, LVNV Funding/Resurgent reopened this previously CLOSED account and reported it to XXXX  WITHOUT providing any validation. I received a XXXX alert stating : " As of XX/XX/XXXX, your previously closed LVNV Funding Collections account was reopened. XXXX has identified this information on your XXXX  credit report as a potential error because it is unusual for closed accounts to be reopened. '' This violates : - FCRA 1681s-2 ( a ) ( 1 ) : Furnishers must not report information they know or should know is inaccurate - FCRA 1681s-2 ( b ) : Furnishers must investigate disputes and can not report disputed information without verification - FCRA 1681s-2 ( a ) ( 2 ) : Furnishers can not report information after receiving notice of error Reopening a closed account without validation is classic " re-aging '' which is illegal under FCRA. 

VIOLATION # XXXX XXXX XXXX XXXX  - FDCPA 1692e Based on the documents provided by Resurgent Capital Services XXXX XXXX Last payment date : XX/XX/XXXX ( shown on XXXX  XXXX statement ) - Florida statute of limitations for credit card debt : 4 years ( FL XXXX. XXXX ( XXXX ) ( b ) ) - Time elapsed : Nearly 5 years ( XX/XX/XXXX to XX/XX/XXXX ) This debt is LIKELY TIME-BARRED under Florida law XXXX meaning they can not legally sue me to collect it. However, Resurgent has FAILED to disclose this critical information as required by FDCPA 1692e and CFPB guidance.

This constitutes : - FDCPA 1692e ( 2 ) ( A ) : False representation of legal status of debt - FDCPA 1692e ( 5 ) : Threat of action that can not legally be taken - FDCPA 1692e ( 10 ) : False or deceptive means to collect debt - Florida FCCPA 559.72 ( 9 ) : Unconscionable collection practices VIOLATION # XXXX : IMPROPER RE-AGING ( FCRA VIOLATION ) By reopening a closed XXXX debt in XXXX, they are attempting to : - Reset the seven-year credit reporting clock - Make a XXXX debt appear current - Extend the reporting period illegally This is prohibited re-aging under FCRA 1681c ( c ) ( XXXX ). 

VIOLATION # XXXX : CONTINUED COLLECTION WITHOUT VALIDATION Despite XXXX validation requests and clear notice that they can not provide proper documentation, they continue to : - Report to credit bureaus - Maintain the collection account as " open '' - Pursue collection activity FDCPA 1692g ( b ) requires debt collectors to CEASE collection activity until they provide verification of the debt. They have not done so. 

DAMAGES CAUSED : These violations have caused me : - Damage to my credit score from inaccurate reporting - Inability to obtain credit due to false collection account - Emotional distress and anxiety - Time and expense responding to their illegal practices - Potential denial of employment/housing due to credit damage COMPANY COMPLAINT HISTORY : I researched these companies and found : - Resurgent Capital Services : Over XXXX CFPB complaints - LVNV Funding : Over XXXX XXXX  complaints in 3 years - Common issues : Attempting to collect unvalidated debts, re-aging accounts, collecting time-barred debts REQUESTED ACTIONS : 1. Investigate these companies for systematic FDCPA and FCRA violations 2. Order immediate deletion of this unverified account from all credit reports 3. Order them to cease all collection activity 4. Require them to provide complete validation or permanently close the account 5. Hold them accountable for pattern and practice of violations 6. Impose penalties for willful violations of federal law DOCUMENTATION : I have attached/will provide : - Copy of my XX/XX/XXXX second validation demand letter - Copy of my XX/XX/XXXX third and final demand letter - Copy of Resurgent 's inadequate response dated XX/XX/XXXX - XXXX  alert showing account reopened XX/XX/XXXX - Capital XXXX statements showing XX/XX/XXXX charge-off date ADDITIONAL INFORMATION : I am also filing complaints with : - Federal Trade Commission ( FTC ) - Florida Attorney General - XXXX  XXXX  credit reporting agencies ( XXXX, XXXX, XXXX  ) These companies are deliberately violating federal consumer protection laws. Their refusal to validate this debt while continuing to report it and reopening closed accounts demonstrates willful disregard for FDCPA and FCRA requirements. 

I request that the CFPB investigate this matter thoroughly and take appropriate enforcement action against LVNV Funding LLC and Resurgent Capital Services , L.P . 

Thank you for your attention to this serious matter. 

================================================== CONTACT INFORMATION : ================================================== Your Name : XXXX XXXX Address : XXXX XXXX XXXX XXXX, XXXX, FL XXXX Email : XXXX Preferred contact method : [ Email

Company response to consumer: Closed with non-monetary relief