Consumer complaint received 2025-05-19 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: GA

Complaint narrative:
This letter is a formal dispute and refusal to pay the alleged debt your company claims to be servicing on behalf of LVNV Funding LLC. You have failed to provide legal validation as required under the Fair Debt Collection Practices Act ( FDCPA ) and the Fair Credit Reporting Act ( FCRA ). Reference Number : XXXX XXXX. Failure to Properly Validate the Debt FDCPA Violation Pursuant to 15 U.S.C. 1692g ( b ), once a debt is disputed, collection activity must cease until proper validation is provided. What you have submittedaccount summaries, billing statements, and templated disclosuresare insufficient and do not constitute legal validation. 

I demand the following : A contract bearing my signature that establishes the alleged debt ; A complete chain of title, including a Flow Agreement and Bill ( s ) of Sale from the original creditor to LVNV Funding LLC ; A complete account history, from origination to charge-off ; Proof of your legal authority to collect debts in my state, including your license number and governing body. 

Case Law : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ) XXXX  v. XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ) 2. Illegal Credit Reporting FCRA Violation & CFPB Guidance You are parking this alleged debt on my credit report without proper validation or notice, which violates the FCRA and CFPB Regulation V. This is a direct violation of : 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ) Furnishers must report with maximum possible accuracy. 

CFPB Bulletin Appendix E Prohibits furnishing information that lacks documentation or is in dispute. 

Case Law : XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ) XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ) XXXX. Bulk Debt Purchase & Securitization No Proof of Ownership LVNV Funding LLC routinely acquires portfolios of charged-off debt in bulk via securitization. These agreements : Do not name individual consumers ; Lack original contracts or signatures ; Provide no evidence of enforceable ownership tied to me. 

Therefore, your attempt to collect this debt is legally deficient and unenforceable. 

Case Law : XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ) XXXX. GLBA Violation Improper Use of Nonpublic Personal Information If this account originated with XXXX XXXX XXXX XXXX or another financial institution, then the acquisition and use of my personal data may have violated the Gramm-Leach-Bliley Act ( GLBA ) : No privacy notice was provided ; No opt-out opportunity was offered ; My nonpublic personal information ( NPI ) was disclosed without lawful consent. 

LVNV Funding and your company are using data illegally obtained under federal law, making you liable for derivative violations. 

5. Final Notice Refusal to Pay, Cease and Desist, Demand to Delete This letter serves as the following : A Refusal to Pay under 15 U.S.C. 1692c ( c ) ; A Cease and Desist order ; A Formal Demand to remove the unvalidated tradeline from all credit bureaus ( XXXX, XXXX, and XXXX  ) ; A Request for proof that your company is licensed and legally authorized to collect debts in my state. 

Failure to Comply If you do not provide full validation and cease collection within XXXX  days, I will take the following actions : File formal complaints with the Consumer Financial Protection Bureau ( CFPB ), Federal Trade Commission ( FTC ), and State Attorney General ; Initiate a civil lawsuit seeking statutory damages, actual damages, punitive damages, and attorneys fees for violations of the FDCPA, FCRA, and GLBA. 

Please be advised that continued communication or furnishing of this account to credit reporting agencies without full validation is a violation of federal law.

Company response to consumer: Closed with explanation