Consumer complaint received 2025-03-29 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: Resurgent Capital Services L.P.
State: VA

Complaint narrative:
Subject : Formal Complaint Against LVNV Funding, LLC for Willful Non-Compliance with Consumer Protection Laws To Whom It May Concern : I am writing to formally dispute the response provided by LVNV Funding, LLC to my previous complaint. LVNV 's actions are not only misleading but also constitute willful non-compliance with federal consumer protection laws, specifically in violation of 15 U.S.C. 1681 et seq. ( Fair Credit Reporting Act ) and 15 U.S.C. 1692 et seq. ( Fair Debt Collection Practices Act ).

Violation of Permissible Purpose Under 15 U.S.C. 1681b LVNV Funding, LLC has no permissible purpose to collect or report the alleged debt in question. According to 15 U.S.C. 1681b, a consumer reporting agency may only furnish a consumer report under specific conditions. LVNVs claim to this alleged debt lacks legal standing because they have purchased a charged-off debt from the original creditor without proper validation or proof of ownership.

The acquisition of a bad debt does not inherently create a permissible purpose for reporting or collection. LVNV has failed to demonstrate a legitimate, contractual relationship between themselves and me that would justify their collection activities.

Violation of Accuracy and Integrity Requirements Under 15 U.S.C. 1681s-2 ( b ) LVNV is obligated under 15 U.S.C. 1681s-2 ( b ) to conduct a reasonable investigation after being notified of a dispute. LVNV has willfully neglected to verify the accuracy of the reported debt, despite being notified of its inaccuracy and the fact that the alleged debt was paid in full in XX/XX/2023. They continue to report erroneous information, despite being provided with proof that my payment was made. 

This failure to investigate and correct inaccurate information is a clear violation of the Fair Credit Reporting Act ( FCRA ), which requires furnishers to take corrective action once a dispute is raised. 

Unfair Debt Collection Practices Under 15 U.S.C. 1692e and 1692f The FDCPA expressly prohibits debt collectors from using false, deceptive, or misleading representation or means in connection with the collection of any debt ( 15 U.S.C. 1692e ). LVNV has falsely claimed that the debt remains unpaid despite acknowledging that the last payment was made in XX/XX/2023. This practice is both deceptive and misleading, as they are attempting to collect on a debt that is not legally owed. 

Furthermore, 15 U.S.C. 1692f prohibits unfair or unconscionable means to collect or attempt to collect a debt. LVNVs actions of attempting to collect a debt that was satisfied not only violates this statute but also shows their reckless disregard for lawful debt collection practices.

Lack of Proof of Debt and Right to Collect According to the law, LVNV must provide valid documentation proving that I am legally obligated to pay them the alleged debt. Their failure to do so while continuing to damage my credit profile is willful non-compliance with the legal requirements to validate a debt before collection.

Company response to consumer: Closed with non-monetary relief