Consumer complaint received 2025-11-21 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: Resurgent Capital Services L.P.
State: FL

Complaint narrative:
This complaint escalates my previous dispute ( s ) regarding the LVNV FUNDING LLC collection account ( account number XXXX ; original creditor : XXXX XXXX XXXX  ; balance : {$1100.00} ) reported on my XXXX  credit report. I demand removal of this collection based on LVNV and XXXX  's complete failure to validate the debt, conduct a proper reinvestigation, and provide required written results. 

Facts : LVNV FUNDING LLC is reported on XXXX  as a " debt-buyer '' collection account, opened XX/XX/XXXX, balance {$1100.00}, past due {$1100.00}, with collection codes " C '' ( collection ) for XXXX through XX/XX/XXXX. 

The remark on my XXXX  report explicitly states " Account information disputed by consumer, '' confirming that XXXX  received my dispute notice and LVNV was notified. 

Despite this acknowledged dispute, no investigation results have been provided by either LVNV or XXXX. 

No written response, verification of the debt 's validity, or evidence that LVNV has met its validation obligations has been furnished. 

LVNV has not provided : ( a ) proof of legal authority to collect ; ( b ) documentation of the chain of title from XXXX  XXXX to LVNV ; ( c ) the original XXXX  XXXX account number and opening date ; ( d ) verification that the original default date on XXXX  XXXX aligns with the XX/XX/XXXX collection-opening date shown on XXXX ; or ( e ) proof that the {$1100.00} balance is accurate.

Regulatory Violations : FDCPA 1692g ( 15 U.S.C. 1692g ) Debt Validation Duty : XXXX, as a debt collector, must provide validation of the debt within 30 days of initial collection contact or upon a consumer 's written request. Validation requires : Proof of authority to collect ( assignment/purchase agreement ) Original creditor name, address, and account number Original contract or agreement with consumer 's signature Full accounting of amounts owed Any modification to the original obligation LVNV has provided none of this documentation. The mere reporting of the collection to XXXX  without validation is a violation of FDCPA 1692g.

FCRA 611 ( a ) ( 15 U.S.C. 1681i ( a ) ) Reinvestigation Duty : Upon receipt of my dispute, XXXX  was required to conduct a reasonable reinvestigation and notify LVNV of the dispute. The " disputed by consumer '' remark on my XXXX  report proves this notification was given. Yet : No investigation report or results have been provided to me in writing. 

No written notice of whether the account was corrected, deleted, or verified has been sent. 

The account remains unchanged and fully reporting as a collection despite the dispute flag. 
This constitutes inadequate reinvestigation in violation of FCRA 611 ( a ) ( 1 ) ( A ) and 611 ( a ) ( 5 ).

FCRA 623 ( a ) ( 1 ) & ( 5 ) ( 15 U.S.C. 1681s-2 ( a ) ) Furnisher Accuracy Obligation : LVNV ( as the furnisher/collector ) is required to furnish complete, accurate, and not misleading information. Because LVNV : Has not validated the underlying XXXX  XXXX debt Can not demonstrate the true date of first delinquency on XXXX  XXXX ( which would determine the collection 's reporting period ) Can not provide proof of its legal authority to report this account Can not verify the {$1100.00} balance as accurate The account is being reported without sufficient verification, violating FCRA 623 ( a ) ( 1 ) and 623 ( a ) ( 5 ).

FCRA 605 ( c ) ( 15 U.S.C. 1681c ( c ) ) Seven-Year Reporting Limit : Collection accounts may not be reported more than seven years from the date of first delinquency on the original account ( XXXX XXXX XXXX ). The XX/XX/XXXX " opened date '' on the LVNV account does NOT represent the original delinquency date ; it represents when LVNV purchased the debt. Without proof of the true XXXX on XXXX XXXX, the current reporting may violate the seven-year limit. If XXXX XXXX 's original default occurred in early XXXX or earlier, this collection should not be reporting at all in XX/XX/XXXX. 

16 CFR 1022.2 ( FTC Safeguards Rule ) Accuracy & Dispute Procedures : LVNV and XXXX  are required to implement reasonable procedures to ensure the accuracy of information furnished and reported. The failure to investigate and respond to a dispute for which evidence already exists ( the " disputed by consumer '' remark ) is negligence and violates FTC Safeguards. 

UCC Article 3 ( Negotiable Instruments ) & Article 9 ( Secured Transactions ) Chain of Title : LVNV, as a debt buyer, must establish an unbroken chain of title from the original XXXX  XXXX creditor through each successive assignee to LVNV. Failure to produce this chain of documents means LVNV has no legal right to collect or report this account. This is also a violation of UCC 3-302 ( holder in due course ) and 9-607 ( secured party 's right to proceed against collateral ). 

FTC Act 5 Unfair & Deceptive Practices : Continuing to report a collection account after a dispute flag without completing investigation, providing results, validating the debt, or removing the entry constitutes an unfair and deceptive trade practice under FTC Act 5.

16 CFR 645.1 ( Holder Rule ) Preservation of Consumer Rights : A debt buyer like LVNV is subject to the Holder Rule, which requires that any purchaser of an alleged debt be bound by all defenses and claims the consumer has against the original creditor. LVNV has not disclosed whether XXXX XXXX 's reporting was accurate or whether any defenses apply to this obligation. 

Failure of Reinvestigation & Validation : The " disputed by consumer '' mark on my XXXX  file is proof that XXXX  received and acknowledged my dispute. 

Yet XXXX  has not provided written results of reinvestigation. 

LVNV has not provided validation of the debt despite over 9 months of collection reporting ( XXXX XXXX ). 

Both LVNV and XXXX  have violated their duties under FCRA 611 ( a ) and FDCPA 1692g.

Company response to consumer: Closed with explanation