Consumer complaint received 2024-07-22 00:00:00
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt is not yours
Company: Resurgent Capital Services L.P.
State: CA

Complaint narrative:
LVNV FUNDING is in several violations of federal laws set forth by XXXX regarding Account # : XXXX. Theyre claiming and attempting to collect an alleged debt from the consumer ( myself ) under false, misleading and deceptive practices. 15 U.S.Code 1692e ( 3 ) of the Fair Debt Collection Practice Act states a debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. It further states in section ( 14 ) debt collectors may not use the use of any business, company, or organization name other than the true name of the debt collector 's business, company, or organization. They are also using another companys name ( XXXX XXXX XXXX ) to attempt to collect this alleged debt. ( See Attachments ) LVNV FUNDING has failed to properly validate the debt pursuant to 15 U.S.Code 1692g. They have failed to provide any signed agreement/contract that grants LVNV FUNDING LLC the authority to collect this alleged debt or other verifiable proof the consumer has a contractual obligation to pay LVNV FUNDING LLC XXXX Additionally, 15 U.S.Code 1681a ( d ) ( 2 ) ( a ) ( i ) and ( B ) states that the consumer report does not include information solely as to transactions or experiences ( payment history, utilization, charge off status ) between the consumer ( myself ) and the person ( LVNV FUNDING LLC ) making the report nor any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device.Furthermore, 15 U.S.Code 1681s-2 ( a ) ( 1 ) ( A ) states that a person ( LVNV FUNDING LLC ) shall not furnish any information relating to the consumer ( myself ) to any consumer reporting agency ( XXXX, XXXX, XXXX ) XXXX the person knows or has reasonable cause to believe the information is inaccurate. LVNV FUNDING LLC can not collect on discharged debt. This is now considered a certificate of indebtedness per the IRS and income can not be reported. The IRS clearly defines a charge off as Gross or Ordinary income. INCOME DOES NOT GET REPORTED ON THE CONSUMER REPORT which in fact makes reporting of this account inaccurate. By definition, the IRS clearly states a canceled debt or charge-off is Income. I never received a XXXX from LVNV FUNDING LLC for the canceled debt of { { {$920.00} } } in order to file as ordinary income. Where is my XXXX as required by the IRS for debts greater than { { {$600.00} } }? This is unsatisfactory! Pursuant to 17 C.F.R 248.201 ( 9 ) and 18 U.S.Code 1028A LVNV FUNDING LLC is also committing identity theft and fraud by acquiring my nonpublic personal information and using it without any authorization or valid agreement/contract with the consumer ( myself ). XXXXXXXX XXXX also violated my federally protected consumer rights pursuant to 15 U.S.Code 6802 by sharing my nonpublic personal information to a nonaffiliated third party ( LVNV FUNDING LLC ). Now LVNV FUNDING LLC is doing the exact same thing by sharing my nonpublic personal information to nonaffiliated third parties ( XXXX XXXX XXXX, XXXX, XXXX, and XXXX ). LVNV FUNDING LLC has been HEREBY PUT ON NOTICE that they are furnishing incorrect inaccurate information. XXXX, XXXX, and XXXX are not affiliated with LVNV FUNDING LLC nor are they bureaus. The only true bureau is the CFPB and they DO NOT furnish consumer reports as stated in federal law. I have a right to privacy and per the Privacy Act of 1974 as a federally protected consumer, I am now revoking any and all authorization, I, the consumer may have given you written, non written, verbal, and nonverbal per 5 U.S.Code 552a. Per the FCRA as a federally protected consumer, I am now opting out of any and all authorization, I, the consumer, may have given you written, nonwritten, verbal, and nonverbal per 15 U.S.Code 6802. I shall also point out their responsibility pursuant to 15 U.S.Code 1681s-2 ( a ) ( 1 ) ( B ) ( ii ) : ( a ) DUTY OF FURNISHERS OF INFORMATION TO PROVIDE ACCURATE INFORMATION 1 ) PROHIBITION ( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate : and ( ii ) the information is in fact, inaccurate. 
See Attachments for further violations pointed out.

Company response to consumer: Closed with explanation