Consumer complaint received 2026-05-22 00:00:00
Product: Debt collection — Other debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: Resurgent Capital Services L.P.
State: CA

Complaint narrative:
I am filing this complaint against LVNV Funding LLC and Resurgent Capital Services L.P. for 17 documented violations of the FDCPA and FCRA. This complaint references and supplements closed CFPB Case No. XXXX closed because Resurgent submitted a response on XX/XX/XXXX, not because the violations were resolved. Resurgent 's response was deficient and is itself evidence of willful non-compliance. VIOLATION 1 INCOMPLETE INVESTIGATION FCRA 1681s-2 ( b ) : Resurgent 's XX/XX/XXXX response addressed only 5 of 6 disputed accounts. One collection account was completely omitted from the response despite actively reporting on all three bureaus as of XX/XX/XXXX. FCRA 1681s-2 ( b ) requires investigation of each specific disputed account. XXXX v. XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX XXXXXXXX ). VIOLATION 2 1692e ( 8 ) CONFIRMED {$23000.00} MINIMUM : Bureau reports dated XX/XX/XXXX confirm zero of eight LVNV accounts are marked disputed at any bureau. Resurgent 's own XX/XX/XXXX response admits accounts will be flagged during the next reporting cycle confirming non-compliance as of the deadline date. 6 original accounts 3 bureaus = {$18000.00} + 2 additional accounts = {$5000.00}. Total : {$23000.00} minimum confirmed. XXXX XXXX. XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) willfulness established by explicit written notice combined with continued non-compliance. VIOLATIONS 35 VALIDATION LEGALLY INSUFFICIENT : Resurgent refused to provide the purchase and sale agreement, stating it is not obligated to do so. This position is legally incorrect on five grounds : ( a ) XXXX v. XXXX, XXXX XXXX XXXX ( XXXX XXXX XXXX ) validation must enable the consumer to intelligently dispute the debt ; ( b ) XXXX v. XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX XXXXXXXX ) collector must provide sufficient documentation to challenge the debt ; ( c ) CFPB Regulation F, 12 C.F.R. 1006.34 validation must substantiate the collector 's right to collect ; ( d ) FCRA 1681s-2 ( b ) ( 1 ) ( E ) if information can not be verified, it must be deleted ; ( e ) CFPA 12 U.S.C. 5536 reporting without proven ownership is a UDAAP violation. Resurgent 's account summaries carry the disclaimer that they are not original creditor records. Billing statements from the original creditors establish debts owed to those creditors not to LVNV Funding LLC. Resurgent 's own ownership history discloses an intermediate transfer through Resurgent Acquisitions LLC a separate legal entity not mentioned in the cover letter an undocumented chain of title gap in Resurgent 's own response. VIOLATION 6 WRONG LEGAL NAME ON THREE ACCOUNTS : Three of five Account Summary Reports list a prior legal name not the current legal name of the consumer being collected from as the borrower, with no documentation connecting the two identities. Billing statements from the original creditors are also addressed to the prior legal name. The burden of establishing debtor identity rests on the collector. Identity was not established for {$5200.00} of the total claimed balance. XXXX v. XXXX, XXXX XXXX XXXX. VIOLATION 7 ZERO SPECIFIC INACCURACIES ADDRESSED : Resurgent 's response addressed none of the specific inaccuracies disputed including a duplicate masked account number on two separate accounts, missing Date of First Delinquency on all accounts, asymmetric single-bureau reporting on one account, and dual reporting on the XXXX account . XXXX v. XXXX ; XXXX v. XXXX, XXXX XXXX XXXX ( XXXXXXXX XXXX XXXX ) ; XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX XXXX ). VIOLATION 8 DOFD NOT DISCLOSED : No account summary discloses the Date of First Delinquency. FCRA 1681s-2 ( a ) ( 5 ) required LVNV to report the correct DOFD within 90 days of acquisition. CFPB Advisory Opinion, 89 Fed. Reg. 4171 ( XXXX XXXX, XXXX ) mandatory. VIOLATIONS 913 SYSTEMIC XXXX XXXX FAILURES CONFIRMED : Bureau reports dated XX/XX/XXXX confirm : ( 9 ) every LVNV account on XXXX carries a numeric prefix ( 01 or 12 ) on the original creditor name across all seven accounts ; ( 10 ) XXXX shows the collector name without its LLC designation on all seven accounts 1692e ( 10 ) ; ( 11 ) XXXX shows XXXX payment history on all seven accounts simultaneously 1681g ; ( 12 ) XXXX shows a blank status field on all eight LVNV accounts 1681e ( b ) ; ( 13 ) one account carries a different account number format on XXXX than on the other two bureaus XXXX XXXX Field 4 inconsistency. XXXX v. XXXX XXXX, 744 F.3d 853 ( 3d Cir. XXXX ). VIOLATIONS 1415 NEW ACCOUNTS ADDED DURING ACTIVE CEASE PERIOD FDCPA 1692g ( b ) : LVNV owned two accounts that did not appear on any bureau report as of the original dispute date. One account appeared on XXXX the day after the dispute letter was mailed while in transit. A second account appeared on XXXX and XXXX after delivery of the validation demand after the 1692g ( b ) cease obligation was triggered. Adding new adverse collection tradelines while an active written validation demand is unresolved constitutes collection activity in violation of 1692g ( b ). XXXX v. XXXX XXXX XXXX, XXXX XXXX XXXX. XXXX XXXX ( XXXX XXXX XXXX ). VIOLATIONS 1617 DUAL REPORTING AND FALSE BALANCE : A falsely inflated balance with no itemization and dual reporting from two furnishers simultaneously can not remain on this consumer 's credit file. XXXX XXXX XXXX XXXX XXXX ; XXXX XXXX XXXX XXXX XXXX. CFPA UDAAP : Reporting adverse accounts for seven years without proven ownership, without established debtor identity, with systemic XXXX XXXX errors, and after adding accounts during a cease period is an unfair, deceptive, and abusive act under 12 U.S.C. 5536. The CFPB has independent enforcement authority to require deletion as a UDAAP remedy. Complete deletion of every LVNV account from every bureau is the only resolution that addresses all 17 violations.

Company response to consumer: Closed with explanation