Consumer complaint received 2025-09-04 00:00:00
Product: Debt collection — I do not know
Issue: Written notification about debt — Didn't receive enough information to verify debt
Company: Resurgent Capital Services L.P.
State: NC

Complaint narrative:
I am filing this complaint because LVNV Funding LLC, a debt buyer, and XXXX, a credit reporting agency, are unlawfully reporting and attempting to collect on an alleged account in clear violation of the Fair Debt Collection Practices Act ( FDCPA ) and the Fair Credit Reporting Act ( FCRA ). This account is inaccurate, unverifiable, and misleading, and both the furnisher and the bureau have failed their legal duties.

1. FDCPA Violations Unlawful Communications ( 15 USC 1692c ) Under 15 USC 1692c, a debt collector may not communicate with a consumer regarding an alleged debt without following strict rules, especially when the debt is disputed. LVNV Funding has knowingly continued to furnish and communicate information about this account to XXXX  after I disputed it, which constitutes a form of ongoing collection activity. Furnishing to a bureau while an account is disputed and unvalidated is not a neutral act it is an attempt to pressure payment by damaging the consumers reputation and creditworthiness. This is precisely the type of abusive collection practice XXXXongress prohibited.

2. FDCPA Violations Failure to Validate Debt ( 15 USC 1692g ) The FDCPA requires that, after a consumer disputes a debt, the debt collector must cease collection until they mail proper validation. LVNV Funding has never produced any written proof of the alleged obligation, any signed contract, or any accounting of the balance. Instead, they continue to report the account to XXXX as a collection account with a status of {$470.00} past due as of XX/XX/year>. By law, they were required to validate the debt before resuming collection activity. Reporting to XXXX  without validation is a direct violation of 1692g ( b ).

3. FCRA Violations Accuracy Standards ( 15 USC 1681e ( b ) ) The FCRA requires credit reporting agencies to follow reasonable procedures to assure maximum possible accuracy. Experian has failed this duty by publishing data that is contradictory on its face : The account is listed as opened XX/XX/year>, but the payment history already shows derogatory collection notations as early as XXXX, XXXX, and XX/XX/year> just XXXX months later. This is internally inconsistent and implausible. 
The account status was allegedly updated in XX/XX/year>, the same month the account supposedly opened, yet it is being reported as past due within the same cycle. 
The balance of {$470.00} is labeled as both the balance and the past due amount, which conflates categories and misrepresents the nature of the obligation. 

These inconsistencies prove XXXX  is not ensuring maximum accuracy. Under 1681e ( b ), they are strictly liable for publishing conflicting or misleading data that harms a consumer.

4. Systemic Failure of Reinvestigation ( FCRA 1681i ) When I disputed this account, XXXXXXXX  marked it only as account information disputed by consumer without correcting the contradictions or providing any method of verification. This is not a reinvestigation ; it is a rubber-stamp verified response. The law requires a meaningful reinvestigation and disclosure of the method of verification. XXXX  has not provided the courthouse record, the original creditors signed documentation, or any evidence from LVNV Funding that would constitute legal validation. This is a direct violation of FCRA 1681i ( a ) ( 6 ) ( B ) ( iii ).

5. Consumer Harm Because of this unlawful reporting and collection : My credit scores have been unfairly reduced.

I have been denied credit opportunities and subjected to higher interest rates. 
My reputation has been damaged by a false appearance of delinquency. 
I have suffered emotional distress from the ongoing harassment and financial harm.

The harm is ongoing and compounding as long as LVNV Funding and XXXX  are permitted to continue this unlawful reporting.

Company response to consumer: Closed with non-monetary relief