Consumer complaint received 2025-10-14 00:00:00
Product: Debt collection — I do not know
Issue: False statements or representation — Attempted to collect wrong amount
Company: Resurgent Capital Services L.P.
State: TX

Complaint narrative:
XXXX XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX, TX XXXX LVNV Funding LLC Re : Formal Dispute of Inaccurate Credit Reporting - Account # XXXX ( Partial ) - Demand for Permanent Deletion, Compensation, and Cease and Desist Under FCRA, FDCPA, XXXX XXXX Compliance, and Related Laws Dear Sir or Madam, This letter serves as my formal dispute under the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq., and the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692 et seq., regarding the inaccurate and unverifiable information reported on my credit reports by LVNV Funding LLC ( the Furnisher ) concerning Account # XXXXXXXX XXXX XXXX  ( the Account ). This dispute is submitted XXXX XXXX pursuant to UCC 1-308, reserving all my rights. I demand a thorough, manual investigationnot an automated e-OSCAR verificationas required by law, including review of all provided dispute information. Failure to comply will result in my pursuit of all available remedies, including actual damages, statutory damages up to {$1000.00} per violation under 15 U.S.C. 1681n and 1681o ( for willful or negligent noncompliance ), punitive damages, attorneys fees, and costs. I also demand compensation for the harm caused by these inaccuracies, such as denied credit opportunities, higher interest rates, and emotional distress. 
Account Details and Inaccuracies The Account is reported as follows ( based on my recent credit reports ) : * Furnisher : LVNV Funding LLC ( a debt collector/debt buyer ). 
* Account Type : Open Account / Unknown - credit extension, review, or collection/ Collection.

* Bureau Code : Individual.

* Account Status : Derogatory / Collection/Chargeoff / Late 120 Days. 
* Date Opened : XX/XX/XXXX. 
* Balance : {$120.00}. 
* XXXX XXXX : {$120.00}. 
* High Credit : {$120.00}. 
* Credit Limit : {$0.00}. 
* Last Reported : Varies ( e.g., XX/XX/XXXX for XXXX XXXX XXXX XXXX XXXX. 
* Date Last Active : Varies ( e.g., XX/XX/XXXX for XXXX XXXX XXXX XXXX ). 
* Date of Last Payment : Varies ( e.g., none for XXXX XXXX XXXX XXXX XXXX. 
* Comments : Account seriously past due/ assigned to collection/ Collection account. 
The primary inaccuracies include : XXXX. Improper Reporting of Delinquency Progression : The Account is reported as 180 days late ( or equivalently severe, such as Late 120 Days leading to Chargeoff ) without any prior reporting of progressive delinquencies ( XXXX, XXXX, XXXX, XXXX, or 150 days late ). This skips required status updates and violates XXXX XXXX compliance guidelines, which mandate accurate, sequential reporting of payment history to reflect the true delinquency progression. XXXX XXXX Format ( as adopted by the XXXX XXXX XXXX XXXX ) requires furnishers to report monthly status codes accurately, including progression from current to delinquent stages ( e.g., from XXXX or current to XXXX for XXXX days, XXXX for XXXX days, up to XXXX for XXXX days, then XXXX for XXXX days or charge-off ). Jumping directly to severe delinquency without evidence of progression is patently inaccurate and misleading. See XXXX XXXX XXXX XXXX guidelines, which emphasize proper delinquency calculation and reporting to avoid consumer harm. 
XXXX. Incorrect Date of First Delinquency ( DOFD ) : The reported DOFD ( or implied through payment history ) is inaccurate, as there is no verifiable evidence of the initial delinquency date. This violates 15 U.S.C. 1681c, which governs the permissible time periods for reporting adverse information ( 7 years from XXXX for delinquencies ). Under FCRA guidelines, the DOFD must be reported within 90 days of furnishing delinquent account information, and if the account becomes current and then delinquent again, the DOFD must be reset ( see XXXX XXXX XXXX guidance ). An incorrect XXXX prematurely ages the account and extends negative reporting unlawfully. 
XXXX. Status Code Violations : The Account is reported as Collection/Chargeoff or Late 120 Days without verifiable basis, violating XXXX XXXX XXXX code requirements. Furnishers must report their role accurately ( e.g., as a debt collector, not implying original creditor status ), per FCRA 1681e ( b ) and XXXX XXXX. LVNV Funding LLC, as a debt buyer/collector, must comply with these standards to ensure reasonable procedures for accuracy. 
XXXX. Uploaded False Data via e-OSCAR : The Furnisher has uploaded false or unverifiable data to my credit file through the e-OSCAR system, which constitutes misleading electronic communication. This may amount to wire fraud under 18 U.S.C. 1343, as it involves interstate electronic transmission of false information for the purpose of depriving me of accurate credit reporting.

5. Failure to Provide Method of Verification (
MOV ) : Despite previous disputes, no MOV has been provided, violating 15 U.S.C. 1681i ( a ) ( 6 ) ( B ) ( iii ), which requires consumer reporting agencies ( CRAs ) to disclose the MOV upon request. 
XXXX. Other Violations : * No original documents verifying the alleged late payments have been provided, as required under Federal Rule of Evidence XXXX ( Best Evidence Rule ) for authentication in disputes under 15 U.S.C. 1681s-2. Without originals, the late payments are unverifiable and must be deleted.

* Violation of 15 U.S.C. 1681s-2 ( b ) : Furnishers must conduct a reasonable investigation of disputes, reviewing all relevant information provided by the consumer, and delete or correct unverifiable items within 30 days. XXXX XXXX checks do not suffice ; a manual review is required. 
* Violation of XXXX U.S.C. 1681e ( b ) : CRAs must follow reasonable procedures to assure maximum possible accuracy of reported information.

* Violation of 15 U.S.C. 1681b : Permissible purposes for credit reports do not include reporting unverified data.

* Violation of 15 U.S.C. 1666b : Timing of payments for open-end credit plans requires creditors to treat payments as timely if received by XXXX XXXX. on the due date and not impose late fees without reasonable procedures. No evidence of compliance here.

* Violation of 15 U.S.C. 1681s-2 ( a ) ( 7 ) : Furnishers must provide notice to consumers before reporting negative information like delinquencies. No such notice was received.

* Violation of 12 CFR 1026.13 ( Regulation Z ) : Billing error resolution, including disputes over late payments. 
* Violation of 15 U.S.C. 1637 ( a ) and 1637b : Disclosure requirements for credit terms and prohibitions on certain practices.

* FDCPA Violations : Under 15 U.S.C. 1692e ( 8 ), debt collectors like LVNV must not communicate false credit information to CRAs, including failing to note disputes. Reporting inaccurate delinquencies is a false, deceptive, or misleading representation under 1692e. 
Supporting Case Law XXXX XXXX XXXX XXXX XXXXXXXX XXXX, XXXX, No. XXXX ( XXXX Cir. XXXX ) : Inaccurate reporting of late payments violates FCRA 1681e ( b ) and 1681i, requiring deletion if unverifiable. The court emphasized that CRAs and furnishers must correct inaccuracies promptly to avoid liability. 
* XXXX XXXX v. Equifax XXXX XXXX XXXX ( XXXX Cir. XXXX ) : Reporting inaccurate late payments without proper verification breaches FCRA duties, entitling consumers to damages. 
* XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX ) : Only purely factual inaccuracies ( like skipped delinquency progressions ) are actionable under FCRA, but once proven, furnishers face liability for failing to investigate. 
* XXXX XXXX XXXX XXXX XXXX cases ( e.g., Appellate rulings ) : Debt collectors violate FDCPA 1692e by reporting false or unverified information to CRAs, leading to damages for consumers.

* General FCRA Precedent : Courts have held that Metro 2 noncompliance, such as improper delinquency status codes, constitutes inaccurate reporting ( see XXXX XXXX opinions on past due ratings in XXXX XXXX, e.g., XXXX XXXX XXXX analyses, XXXX ). Furnishers ignoring disputes risk willful violation findings, as in CFPB enforcement actions. 
Demands XXXX. Permanent Deletion : Immediately delete the entire Account from my credit reports across all bureaus, as the information is inaccurate, incomplete, and unverifiable under FCRA 1681i ( a ) ( 5 ).

2. Compensation : Pay me {$5000.00} in compensation for violations, including actual damages ( e.g., credit denials ) and statutory/punitive damages under FCRA 1681n-o and FDCPA 1692k. Provide a detailed settlement offer within 30 days. 
XXXX. Cease and Desist : LVNV Funding LLC must immediately cease and desist all debt collection activities, including communications via phone, internet, email, regular mail, and credit reporting, per FDCPA 1692c ( c ). CRAs must block further reporting of this Account.

4. Full Investigation : Conduct a manual reinvestigation, reviewing all attached/supporting documents ( e.g., payment records if any ). Provide the MOV and all verification documents within 5 days of completing the investigation. 
XXXX. Updated Reports : Send me updated credit reports confirming deletion within 5 days of resolution. 
If these demands are not met within 30 days, I will file suit in federal court for all violations, seeking maximum damages. This dispute is not frivolous and is supported by the facts and law. 
Sincerely,

Company response to consumer: Closed with non-monetary relief