Consumer complaint received 2025-05-30 00:00:00
Product: Debt collection — I do not know
Issue: Communication tactics — You told them to stop contacting you, but they keep trying
Company: Resurgent Capital Services L.P.
State: NY

Complaint narrative:
This complaint serves as a final and formal demand for LVNV FUNDING to cease and desist all collection activities, including but not limited to phone calls, letters or any other form of communication regarding the alleged debt associated with account ending in ( XXXX ). 

Under the FDCPA, 15 USC XXXX ( c ), a consumer has the right to request that a debt collector cease further communication. As of the date of this letter, you are legally required to discontinue any and all attempts to collect this alleged debt except to provide : Notice of termination of collection efforts ; or Notification of legal action as permitted by law Failure to comply with this request constitutes a violation of the FDCPA, which may expose LVNV FUNDING LLC to legal liability. 

Additionally, the case XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXXXXXX XXXX XXXX establishes that reporting to credit bureaus is considered a medium of communication under the FDCPA. Therefore, If LVNV FUNDING LLC continues to report this alleged debt to any consumer reporting agency, such actions will also be considered a violation of the FDCPA. 

Please keep in mind, This written statement serves as a formal challenge to the alleged debt associated with the bill provided by LVNV Funding LLC. I have reviewed the documentation received, which solely includes a billing statement. Please be advised that a bill alone does not constitute sufficient legal proof of ownership of debt, liability, or enforceable obligation under federal law as I have no knowledge of this account. 

If LVNV FUNDING LLC intends to claim that this debt is valid, please provide : A complete account history, including itemized charges and payments ; Evidence that LVNV FUNDING LLC has the legal right to collect this debt ; A copy of the original signed agreement bearing my signature creating this debt ; and The chain of assignment and/or Account-level documentation supporting the alleged debt including the original terms, payment history, and the manner in which the balance was calculated. 

Your failure to provide these items constitutes a violation of the FDCPA and potentially the Fair Credit Reporting Act ( 15 U.S.C. XXXX ) if this information is being reported to the credit bureaus as accurate without proper investigation. 

In XXXX XXXX XXXX, the XXXX Court XXXX XXXX affirmed that a debt collector must provide more than a bill or summary of account to verify a debt. In addition, under XXXX XXXX XXXX XXXX XXXX XXXX XXXX, courts have ruled that debt collectors must provide " sufficient evidence to support the debt and the amount claimed. '' A bill, without original documentation or assignment proof, fails to meet this standard. 

Therefore, I reject the bill as invalid evidence of any obligation on my part and demand that all further collection activity cease until full validation is provided. Continuing to collect or report this account without complying may subject you to legal action for violating federal consumer protection laws. 

Failure to substantiate this debt with the requested documentation will be further evidence of unlawful and collective practices and require immediate removal of this alleged debt from all three credit reporting agencies including XXXX XXXX and XXXX and any third party agencies. 

If LVNV FUNDING LLC fails to honor this cease and desist request or continues to engage in unlawful debt collection practices, I will have no choice but to pursue legal remedies as I am prepared. Such remedies may include filing complaints with the Consumer Financial Protection Bureau ( CFPB ), and the Federal Trade Commission ( FTC ), State attorney general as well as initiating legal action to recover damages for violations of the FDCPA. Please note that such legal action may result in statutory damages, attorney fees, and court costs being awarded against LVNV FUNDING LLC, and I am fully equipped and prepared as I am tired of the harassment and deceptive practices.

Company response to consumer: Closed with non-monetary relief