Consumer complaint received 2024-02-02 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: NY

Complaint narrative:
Dear CFPB, My name is XXXX XXXX XXXX, and I am submitting this complaint as a demand to remove an inaccurate collection account from my consumer report and demand compensation for my time and effort in disputing this inaccurate information. The account in question is from LVNV Funding, LLC. They have 2 companies on my consumer report. They have a collection reporting on my consumer report without my consent. I have no contract withLVNV Funding, LLC and gave no form of expressed or implied consent for them to use my name, likeness, or credit data. Additionally, this collection account violates the Fair Credit Reporting Act ( FCRA ) as per Section 607 ( a ) ( 1 ) and ( 2 ) of the FCRA which requires credit reporting agencies like LVNV Funding, LLC to ensure that the information they report is accurate, complete and up-to-date. One one consumer report it shows debt buyer and in the other it says I have an open account but this is allegedly a collection account. Also, Section 615 ( a ) ( 1 ) states that no person shall furnish any information relating to a consumer to any consumer reporting agency if the person knows or consciously avoids knowing that the information is inaccurate.

Additionally, this violates Section 621 of the FCRA which states that any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of any actual damages sustained by the consumer as a result of the failure or damages of not less than { {$100.00} } and not more than { {$1000.00} }, as the court may allow. Furthermore, this violates 15 U.S.C 1681 et seq, particularly 15 U.S.C. 1681i and 15 U.S.C 1681j which states that credit reporting agencies must follow reasonable procedures to ensure the maximum possible accuracy of the information concerning the individual about whom the report relates and any person who fails to comply with any requirement imposed under this title shall be liable to the United States for a civil penalty.

Furthermore, this collection account was fraudulently bought and sold, which is a violation of the Fair Debt Collection Practices Act.I have requested and demanded that they show proof that we have a contract where both parties agreed that I would pay this alleged debt to them or agree to have my private personal information furnished to the Consumer reporting Agencies. They have not provided said contract or any agreement showing that I owe this alleged debt. There was not form of offer, acceptance, consideration or mutual assent from myself and LVNV Funding, LLC. LVNV Funding, LLC has not provided the original contract with my wet ink signature showing that I have a contractual obligation to pay XX/XX/XXXX or LVNV Funding, LLC for this alleged debt. LVNV Funding, LLC has not provided proof they were assigned the debt via the assignment agreement.I have also demanded and requested proof that I owe this alleged debt and that XXXX XXXXXX/XX/XXXX allegedly loaned me. Furthermore, if XXXX XXXXXX/XX/XXXX loaned me the alleged amount provide me proof that they gave lawful consideration and performed under the terms of the contract? Also 12 USC 1431 shows that banks can not lend money but they can only borrow, I demanded that LVNV provide proof that they allegedly loan me money?

If anyone has first hand personal knowledge & experience of the contract, consideration, and the performance. knowledge of any contract between myself and LVNV Funding, LLC, I demand they provide proof and a written statement under the penalty of perjury.

Company response to consumer: Closed with explanation