Consumer complaint received 2026-04-11 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: FL

Complaint narrative:
CFPB COMPLAINT REQUEST FOR IMMEDIATE DELETION Respondent : LVNV Funding LLC Issue : Illegal collection activity, inaccurate furnishing, failure to validate, and FCRA/FDCPA violations Relief Requested : Immediate deletion of the LVNV Funding LLC tradeline from all consumer reporting agencies -- - 1. Summary of Violations LVNV Funding LLC is reporting a collection account opened XX/XX/XXXX with an alleged balance of {$3900.00}. This account is being furnished as open, individual responsibility, and collection account, despite LVNVs failure to provide validation, failure to provide required disclosures, and continued furnishing of information that is inaccurate, incomplete, and unverifiable. LVNVs conduct violates the Fair Credit Reporting Act ( FCRA ), Fair Debt Collection Practices Act ( FDCPA ), and multiple federal precedents establishing that a furnisher may not continue reporting or verifying information it can not substantiate. I am requesting immediate deletion of this tradeline due to ongoing statutory violations and continued harm. -- - 2. FDCPA Violations ( 15 U.S.C. 1692 et seq. ) A. Failure to Validate Before Collection 1692g ( b ) LVNV continued to report and verify the alleged debt without providing validation, which is prohibited. Federal courts have held : Clark v. Capital Credit & Collection Servs., Inc. , 460 F.3d 1162 ( 9th Cir. 2006 ) A collector must cease all collection activity until validation is provided. Camacho v. Bridgeport Fin., Inc. , 430 F.3d 1078 ( 9th Cir. 2005 ) Reporting to credit bureaus is considered collection activity. LVNV continued furnishing the account despite lacking validation, which is unlawful. B. Continued Collection Activity After Dispute 1692g ( b ) If a consumer disputes a debt, the collector must cease collection until verification is mailed. Reporting to credit bureaus after a dispute is considered continued collection activity. Purnell v. Arrow Fin. Servs., LLC , 303 F. Appx 297 ( 6th Cir. 2008 ) Furnishing to CRAs after a dispute violates 1692g ( b ). LVNV continued reporting the account as open and collection account despite the dispute. -- - 3. FCRA Violations ( 15 U.S.C. 1681s2 ) A. Furnishing Inaccurate or Incomple te Information 1681s2 ( a ) ( 1 ) ( A ) LVNV is reporting : An open collection account A balance that is unverified A tradeline with incomplete fields A status that is inherently contradictory ( open + collection account ) Federal courts have held that incomplete or misleading information is inaccurate : Gorman v. Wolpoff & Abramson, LLP, 584 F.3d 1147 ( 9th Cir. 2009 ) Furnishers must not report information that is incomplete or misleading. Saunders v. Branch Banking & Trust Co., 526 F.3d 142 ( 4th Cir. 2008 ) Even technically accurate information can violate the FCRA if it creates a misleading impression. LVNVs reporting is both inaccurate and misleading. B. Failure to Conduct a Reasonable Investigation 1681s2 ( b ) After receiving my dispute through the credit bureaus, LVNV verified the account without providing any documentation. Federal courts have held : Cushman v. Trans Union, 115 F.3d 220 ( 3d Cir. 1997 ) A furnisher must conduct a reasonable investigation, not simply parrot prior information. Hinkle v. Midland Credit Mgmt., 827 F.3d 1295 ( 11th Cir. 2016 ) A debt buyer must possess or obtain competent evidence before verifying a debt. LVNV verified the account without evidence, violating 1681s2 ( b ). -- - 4. CFPB & FTC Enforcement Support The CFPB has repeatedly held that : Debt buyers must possess documentation before furnishing or verifying information. Reporting a debt without documentation is a UDAP violation. Continuing to furnish disputed information without validation is unlawful. Relevant enforcement actions include : CFPB v. Encore Capital Group ( 2015 & 2020 ) Debt buyers must stop reporting debts they can not substantiate. CFPB Bulletin 201309 Furnishers must not report information they can not verify. LVNVs conduct mirrors the violations in these enforcement actions. -- - 5. Harm to the Consumer LVNVs unlawful reporting has caused : Lower credit scores Denial of credit opportunities Emotional and financial distress Inability to obtain favorable lending terms This harm is ongoing and directly caused by LVNVs violations. -- - 6. Relief Requested I request that the CFPB : 1. Order LVNV Funding LLC to delete the tradeline immediately from all consumer reporting agencies due to : Failure to validate Continued collection activity after dispute Inaccurate and misleading reporting Failure to conduct a reasonable investigation Violations of FDCPA 1692g ( b ) Violations of FCRA 1681s2 ( a ) and 1681s2 ( b ) 2. Require LVNV to provide documentation proving the alleged debt is valid, owed, and legally collectible or delete the account. 3. Investigate LVNVs systemic failure to comply with federal law. -- - 7. Litigation Notice ( Professional, NonThreatening ) LVNVs continued furnishing of unvalidated and inaccurate information constitutes ongoing harm. If these issues are not corrected, I will consider pursuing all available legal remedies, including civil action for statutory and actual damages. -- -

Company response to consumer: Closed with explanation