Consumer complaint received 2025-08-02 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: NC

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX LVNV Funding LLC XXXX Resurgent Capital Services XXXX XXXX XXXX XXXX XXXX XXXX XXXX  Subject : Final Notice and Demand for Immediate Removal of Inaccurate, Misleading, and Re-Aged Tradeline LVNV FUNDING LLC / XXXX XXXX XXXX, XXXX. Account XXXX / XXXX To Whom It May Concern : This letter constitutes a formal dispute and legal demand for the immediate deletion of the XXXX Funding tradeline from all three consumer credit reporting agencies ( XXXX XXXX XXXX ), as well as a warning to LVNV Funding and Resurgent Capital Services for willful and ongoing violations of the Fair Credit Reporting Act ( FCRA ), the Fair Debt Collection Practices Act ( FDCPA ), and North Carolinas Prohibited Debt Collection Practices ( N.C. Gen. Stat. 75-50 et seq. ).

LEGAL VIOLATIONS OUTLINED : 1. FCRA Violations Re-Aging and Inaccurate Data ( 15 U.S.C. 1681c, 1681e, 1681s-2 ) XXXX  reports the Date of First Delinquency as XX/XX/XXXX, but also shows the account opened in XX/XX/XXXX, a clear contradiction and an attempt to illegally re-age the debt to extend its reporting life a direct violation of 1681c ( a ) ( 4 ) and FTC guidance .

The bureaus have inconsistent account data, which violates 1681e ( b ), requiring accurate and complete reporting.

2. FDCPA Violations Misleading, Deceptive, and Unverifiable Reporting ( 15 U.S.C. 1692e, 1692g
) LVNV Funding is reporting this account without proper itemization, without validation, and with deceptive status updatesa direct violation of 1692e ( 2 ) ( A ) ( false representation of the character or amount of debt ).

No debt validation notice has been sent pursuant to 1692g ( a ), and no original contract has been produced to verify the amount or legal right to collect.

3. North Carolina Debt Collection Violations ( N.C.G.S. 75-54 and 75-55 ) North Carolina law prohibits unfair or deceptive debt collection. LVNV and Resurgent have reported this debt inaccurately, have failed to provide documentation, and have used false representationsclear violations of N.C.G.S. 75-1.1 and related statutes under NC Unfair and Deceptive Trade Practices Act.

RELEVANT CASE LAW : Cushman v. TransUnion Corp., 115 F.3d 220 ( 3rd Cir. 1997 ) : Credit bureaus must conduct reasonable investigations and may be held liable for relying solely on automated responses like e-OSCAR.

Richardson v. Equifax, 2004 U.S. Dist. LEXIS 21143 : Furnishers and CRAs can be held liable for failing to remove or correct inaccurate and incomplete data.

State v. LVNV Funding, LLC ( 2015, Maryland ) : LVNV was found to have violated consumer protection laws by pursuing unverified debts and was barred from collecting in the state without proof of ownership and amount owed.

FTC v. Asset Acceptance ( 2012 ) : The FTC fined a major debt buyer for failing to inform consumers of time-barred debts and misreportingsimilar to what LVNV is doing here.

DEMAND FOR ACTION : Under the authority of the FCRA, FDCPA, and North Carolina law, I am demanding the following : Immediate deletion of the LVNV Funding account from all three credit bureaus.

Cessation of any further collection or reporting activity by LVNV Funding / Resurgent.

If this is not completed within 30 days of receipt, I will proceed with the following without further notice : Filing formal complaints with the CFPB, FTC, and North Carolina Attorney Generals Office Pursuing a civil suit under FCRA 616 and 617, FDCPA 813, and N.C.G.S. 75-1.1, seeking statutory, actual, and punitive damages, plus attorneys fees.

You are now on legal notice. You have broke the law Failure to comply will be taken as willful noncompliance, and I will escalate this matter accordingly. 

Sincerely, XXXX XXXX ( XXXX ) XXXX

Company response to consumer: Closed with non-monetary relief