Consumer complaint received 2025-07-29 00:00:00
Product: Debt collection — I do not know
Issue: False statements or representation — Attempted to collect wrong amount
Company: Resurgent Capital Services L.P.
State: NJ

Complaint narrative:
CFPB COMPLAINT NARRATIVE Complainant : XXXX XXXX XXXX XXXX XXXX XXXX XXXX, NJ XXXX Complaint Against : Resurgent Capital Services XXXX XXXX XXXX XXXX  XXXX, XXXX, SC XXXX LVNV Funding LLC XXXX XXXX XXXX XXXX, XXXX, DE XXXX Summary of Complaint : This complaint concerns serious and ongoing violations of the Fair Credit Reporting Act ( FCRA ) and Fair Debt Collection Practices Act ( FDCPA ) by LVNV Funding LLC and its servicer, Resurgent Capital Services. 

LVNV is reporting a {$3100.00} debt on all of my credit reports, showing a recent open date of XX/XX/XXXX, and identifying itself as the original creditor. On XX/XX/XXXX, I formally disputed this tradeline in writing and sent a certified debt validation letter to both LVNV and Resurgent. 

Instead of validating this account, Resurgent Capital responded with an entirely different, unrelated, and time-barred debt one that has no connection to the debt I actually disputed, and which is not currently being reported on my credit file. 

This response is deceptive, misleading, and violates federal consumer protection laws. It appears to be a deliberate evasion of my rights under the FDCPA and FCRA. 

Detailed Chronology : On XX/XX/XXXX, I sent a Certified Mail debt validation request to both LVNV Funding and Resurgent Capital Services, demanding validation of a debt reported to all three credit bureaus as follows : LVNV FUNDING LLC Balance : {$3100.00} Account Status : Open Date Opened : XX/XX/XXXXXXXX  Last Reported : XX/XX/XXXXXXXX  Remarks : Placed for Collection Original Creditor : LVNV FUNDING LLC This tradeline falsely identifies LVNV as the original creditor, despite LVNV being a well-known debt buyer not a lender or issuer. 

On XX/XX/XXXX, Resurgent Capital Services responded by mailing me an " Account Summary Report '' relating to a completely different account : Originally opened in XXXX  ; Charged off in XX/XX/XXXX ; Acquired by LVNV in XX/XX/XXXXXXXX  ; No connection whatsoever to the debt I disputed ; Not currently reported to the credit bureaus ; Time-barred under New Jerseys 6-year statute of limitations ( N.J. Stat. 2A:14-1 ). 

Legal Violations Identified : 1. Failure to Validate the Actual Debt in Dispute Per 15 U.S.C. 1692g ( b ), once a debt collector receives a written dispute, it must cease collection until the correct debt is validated. In this case : I requested validation of a debt currently reported on my credit file ; Resurgent and LVNV provided unrelated documents for an entirely different account ; They failed to validate the account that triggered the dispute.

This is a textbook FDCPA violation a failure to validate the correct debt, and a continued effort to collect through credit reporting in direct contravention of federal law. 

2. Furnishing False and Incomplete Credit Information ( FCRA 1681s-2 ) LVNV Funding is actively furnishing credit information that is : Inaccurate : They are not the original creditor, yet report themselves as such ; Incomplete : They have failed to mark the account as " disputed '' following my written challenge ; Unverified : They failed to provide any legal documentation validating the specific tradeline being reported ; Potentially deceptive : Reporting a recent open date ( XX/XX/XXXXXXXX  ) on what is most likely a resurrected debt, creating a false sense of freshness to avoid FCRA limitations. 

This conduct violates : 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ) Prohibition on furnishing information known to be inaccurate ; 15 U.S.C. 1681s-2 ( a ) ( 3 ) Failure to flag the account as " disputed '' ; 15 U.S.C. 1681s-2 ( b ) Failure to investigate and correct after receiving a dispute.

3. Misleading and Deceptive Practices ( FDCPA 1692e and 1692f ) By responding to my lawful dispute with documents for an unrelated, expired, and legally uncollectible account, Resurgent and LVNV appear to be : Obfuscating the debts origin ; Evading responsibility for the actual account they reported ; Continuing to collect without proper documentation.

Such conduct violates the FDCPAs prohibitions on : False representation of the character, amount, or legal status of a debt ( 1692e ( 2 ) ( A ) ) ; Deceptive means to collect a debt ( 1692e ( 10 ) ) ; Unfair and unconscionable collection practices ( 1692f ).

Requested Action by the CFPB : I respectfully request the Consumer Financial Protection Bureau take immediate enforcement action against LVNV Funding LLC and Resurgent Capital Services, L.P. based on : Failure to validate the correct debt in response to a direct dispute ; Furnishing inaccurate and unverified information to consumer reporting agencies ; Continuing collection activities on a disputed account without proper validation ; Misrepresenting account ownership and aging to possibly evade reporting rules. 

This conduct harms not just me, but thousands of consumers nationwide who may be subject to similar deceptive tactics from these entities.

Relief Sought : Immediate removal of the LVNV Funding tradeline from all consumer credit reports ; A written statement from LVNV and Resurgent confirming that : The reported account will be permanently deleted ; No further collection attempts will be made ; No other debts will be substituted or misused in response to consumer disputes ; Public regulatory sanctions and compliance orders against both companies ; Referral to the New Jersey Division of Consumer Affairs for possible state-level enforcement.

Supporting Documents Attached : My certified debt validation letter dated XX/XX/XXXXXXXX  ; Credit report screenshots showing the LVNV Funding tradeline as of XX/XX/XXXXXXXX  ; The XX/XX/XXXXXXXX  response letter from Resurgent Capital ( for a different, expired account ) ; This complaint narrative. 

Closing Statement : I have acted in good faith to exercise my legal rights. In return, I have been met with misdirection, obfuscation, and inaccurate reporting. The CFPB must hold these entities accountable before more consumers are misled or financially harmed by these practices. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation