Consumer complaint received 2025-01-12 00:00:00
Product: Debt collection — Credit card 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 a formal complaint against LVNV Funding LLC regarding multiple accounts reported under my name. I believe LVNV Funding has violated the Fair Debt Collection Practices Act ( FDCPA ) and the Fair Credit Reporting Act ( FCRA ) through inaccurate credit reporting, failure to provide debt validation, and potential discriminatory practices targeting consumers based on their credit profiles and demographic information.

Complaint Details : Inaccurate Credit Reporting : LVNV Funding has reported several accounts on my credit reports with XXXX, XXXX, and XXXX that are incorrect. These inaccuracies are negatively affecting my credit standing, with XXXX negative accounts across all three major credit reporting agencies. This has caused significant financial stress and restricted my ability to access necessary credit opportunities. 

Failure to Provide Debt Validation : Despite reporting these accounts to the credit bureaus, XXXX XXXX has failed to provide any documentation substantiating the validity of the debts. This lack of proper validation is a direct violation of FDCPA requirements. 

Potential Discriminatory Practices : It has come to my attention that XXXX XXXX XXXX have unlawfully obtained and used my personal information to target me for collection activities. Their actions suggest discriminatory practices that may violate the Equal Credit Opportunity Act ( ECOA ). 

History of Improper Practices : LVNV Funding has a documented history of engaging in improper debt collection practices. A notable example is the 2023 case Gwiazda v. LVNV Funding LLC, in which the Third Circuit Court addressed serious allegations against LVNV. The case involved claims that LVNV Funding violated the FDCPA by failing to provide proper debt validation, pursuing debts without sufficient evidence, and engaging in deceptive collection practices.

This case highlights a pattern of behavior consistent with the issues I am experiencing : Failure to provide debt validation.

Reporting inaccurate and unverifiable debts to credit bureaus.

Targeting consumers without adequate proof of debt ownership or authorization.

The 2023 case underscores LVNV Fundings repeated disregard for federal laws and consumer protections.

Pursuit of Damages : If LVNV Fundings actions are found to violate the Fair Credit Reporting Act ( FCRA ) or the Fair Debt Collection Practices Act ( FDCPA ), I intend to pursue damages to the fullest extent permitted by law. Specifically : Under 15 U.S.C. 1681n and 15 U.S.C. 1681o, for willful or negligent violations of the FCRA, I will seek statutory, actual, and punitive damages as well as attorneys fees and court costs.

Under 15 U.S.C. 1692k, for FDCPA violations, I will seek actual damages, statutory damages, and any additional relief available, including attorneys fees and costs. 
These statutes establish clear consumer rights to seek compensation for harm caused by inaccurate reporting, failure to validate debts, and other violations. 

Supporting Documentation : I have attached relevant sections of my XXXX, XXXX, and XXXX credit reports highlighting the disputed accounts. 

Given the significant financial harm caused by these inaccuracies, I kindly request that this matter be addressed promptly.

Company response to consumer: Closed with explanation