Consumer complaint received 2025-05-19 00:00:00
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: Resurgent Capital Services L.P.
State: HI

Complaint narrative:
Case Number : XXXX I am filing a follow-up to my original CFPB complaint ( Case # XXXX ) against LVNV Funding LLC and its servicer , Resurgent Capital Services, regarding their XX/XX/XXXX response to my concerns about account # XXXX ( originally with XXXX XXXX ). My initial complaint, filed on XX/XX/XXXX, and my notarized debt validation request sent on XX/XX/XXXX ( delivered by XX/XX/XXXX ), designated my current address as XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX, XXXX XXXX for all correspondence. However, Resurgents response lists an incorrect address ( XXXX XXXX XXXX, XXXX XXXX, AZ XXXX ) and fails to provide proof of mailing their investigation results to my designated address. I would not have received any mailed validation because they used the incorrect address, despite my clear instructions in my validation request and CFPB complaint. This failure violates the Fair Debt Collection Practices Act ( FDCPA 1692c ( a ) ), which requires debt collectors to send communications to the consumers designated address.

Resurgent/LVNVs response contains multiple deficiencies that violate FDCPA and Fair Credit Reporting Act ( FCRA ) provisions : 1. Failure to Validate Debt : LVNV failed to validate the debt by the FDCPA 1692g ( b ) deadline of XX/XX/XXXX, following my XX/XX/XXXX request. Their XX/XX/XXXX response does not specify when ( or if ) a validation letter was mailed, and I have received no such letter at my correct address. Their continued reporting to XXXX  and XXXX  in XX/XX/XXXX ( last reported date ) despite non-validation violates FDCPA 1692g ( b ), which prohibits collection activities until validation is provided.

2. False Representation : On page 2, Resurgent falsely claims I stated that LVNV charged off the debt, which I never claimed in my CFPB complaint or validation request. This misrepresentation violates FDCPA 1692e ( 8 ).

3. Unverifiable Documentation : The borrower agreement is blank and unsigned, the E-Sign disclosure lacks a signature, and the electronic signature on the loan agreement has no audit trail, rendering the debt unverifiable under FDCPA 1692g ( a ) ( 4 ) and the E-Sign Act ( 15 U.S.C. 7001 ).

4. Misattribution of Debt : Resurgent claims the debt belongs to both me ( XXXX XXXX ) and XXXX XXXX, despite my denial of responsibility, violating FDCPA 1692g ( a ) ( 2 ) by failing to correctly identify the debtor.

5. Timeline Discrepancies : Resurgent claims the debt opened on XX/XX/XXXX, with XXXX , was charged off on XX/XX/XXXX, and acquired by LVNV on XX/XX/XXXX, with the last payment on XX/XX/XXXX. However, XXXX  reports an opening date of XX/XX/XXXX, for the LVNV tradeline ( conflicting with the acquisition date ) and a last active date of XX/XX/XXXX ( predating the last payment and charge-off ), while XXXX reports a last active date of XX/XX/XXXX ( despite no post-acquisition payments ). These errors indicate false reporting by LVNV, violating FDCPA 1692e ( 8 ), and inaccurate reporting by the credit bureaus, violating FCRA 1681e ( b ).

6. Incorrect Addresses : In addition to XXXX XXXX XXXX  ( outdated since XXXX ), Resurgent references XXXX XXXX XXXX XXXX ( where I never resided ) and omits my XXXX address ( XXXX XXXX XXXX XXXX, XXXX XXXX, NC ), further undermining their verification process. 

On XX/XX/XXXX, I sent a challenge letter to Resurgent ( attached ) demanding proof of mailing, clarification of these discrepancies, and cessation of reporting by XX/XX/XXXX. I also sent disputes to XXXX  and XXXX  ( attached ), highlighting their inaccurate reporting. XXXX  removed this account in XX/XX/XXXX, indicating its unverifiability, yet LVNV continued reporting to XXXX  and XXXX  in XX/XX/XXXX, despite its disputed status since XXXX. 

On XX/XX/XXXX, I filed an FTC Identity Theft Report ( Report # XXXX ), attached, for the XXXX XXXX and LVNV Funding LLC accounts, declaring them fraudulent. I first discovered these accounts on my credit report in XXXX but lacked documentation at the time to determine whether they were fraudulent. I confirmed the fraud in XX/XX/XXXX after Resurgents XX/XX/XXXX response to my CFPB complaint, which contained unverifiable documentation, timeline discrepancies, and incorrect addresses, prompting me to file the FTC report. As an active-duty servicemember stationed overseas from XX/XX/XXXX to XX/XX/XXXX, I was unable to monitor or address unauthorized financial activity during that period. The FTC report notes incorrect addresses ( e.g., XXXX XXXX XXXX XXXX ), name variations ( XXXX XXXX, XXXX XXXX, XXXX XXXX ), and a {$10000.00} fraudulent amount for LVNV. 

On XX/XX/XXXX, I attempted to resolve this with XXXX by filing an online dispute at https : XXXX, but they instructed me to mail my FTC report instead of accepting an upload. I will mail my FTC report to XXXX on XX/XX/XXXX, at their dispute address ( XXXX XXXXXXXX XXXX, XXXX, PA XXXX ), requesting blocking of the LVNV account only under FCRA 1681c-2, due to its fraudulent post-acquisition reporting ( e.g., XX/XX/XXXX last active date, despite no payments after XX/XX/XXXX acquisition ). I also contacted XXXX XXXX, and Resurgent/LVNV on XX/XX/XXXX, to request blocking and cessation of reporting, and will send written notices to all parties by XX/XX/XXXX, under FCRA 1681c-2 .

The continued erroneous reporting of the LVNV account by XXXX and XXXX  has caused significant financial harm. This inaccurate reporting has delayed my mortgage refinance and necessitated extending my current loan, resulting in additional fees. These damages underscore the urgency of correcting this fraudulently reported account and highlight the negligence of XXXX XXXX, and LVNV in failing to address my disputes since XXXX.

Company response to consumer: Closed with explanation