Consumer complaint received 2024-11-27 00:00:00
Product: Debt collection — Credit card debt
Issue: Written notification about debt — Didn't receive notice of right to dispute
Company: Resurgent Capital Services L.P.
State: FL

Complaint narrative:
LVNV Funding LLC has reported inaccurate and unverifiable information on my credit report, tied to an account I do not recognize or owe. Despite my requests, LVNV Funding has failed to validate the debt as required under FDCPA 1692g ( b ). They have also reported misleading and false information to credit reporting agencies, violating FDCPA 1692e ( 8 ). Moreover, LVNV Funding has misused my personal information, including my XXXX XXXX XXXXXXXX, without consent, constituting a breach of my privacy and an act of identity theft. These actions have caused significant harm to my creditworthiness and financial stability. 


Failure to Send Debt Validation Notice ( FDCPA Violation ) FDCPA 1692g ( a ) : Within XXXX XXXX of the initial communication, a debt collector must provide a written notice containing : The amount of the debt. 
The name of the creditor to whom the debt is owed. 
A statement that the consumer has XXXX XXXX  to dispute the debt. 
Violation : If LVNV Funding LLC did not send this notice, they violated this provision. This failure makes any collection activities, including reporting to credit bureaus, unlawful. 

FDCPA 1692g ( b ) : If a consumer disputes a debt within XXXX XXXX the collector must cease collection efforts until they provide validation. Failing to comply allows you to request deletion of the collection from your credit report due to non-compliance. 

2. Unverifiable Account and XXXX XXXX XXXX XXXX ( Obligation of Good Faith ) : This section imposes an obligation of good faith in all transactions, including debt collection. Reporting unverifiable debts without due diligence violates this standard. 

UCC 9-406 ( Discharge of Debt and Assignment ) : If LVNV Funding LLC can not provide proof of the original creditor 's ownership transfer or the account 's validity, they breach this section. The failure to confirm debt assignment undermines their legal right to collect or report the debt. 

3. Consumer Privacy Violations FCRA 1681e ( b ) : Credit reporting agencies must ensure the maximum possible accuracy. Reporting unverifiable collections violates this provision. 

FCRA 1681c-2 : Identity theft accounts must be blocked once disputed unless the debt collector provides sufficient validation. 

XXXX XXXX ( 15 U.S.C. 6801-6809 ) : Misuse of your personal data ( e.g., Social Security Number ) without consent to collect a debt constitutes a violation of consumer privacy protections. 

4. Consumer Protection Rights State-Specific Collection Laws : Many states require debt collectors to register or obtain licenses. If LVNV is operating without meeting state requirements, you can cite this as a basis for the removal of the collection. 

Unfair and Deceptive Practices ( FDCPA 1692e ) : LVNV Funding may also be engaging in deceptive practices by : Reporting false or misleading account information.

Threatening or pursuing collection activity without the proper legal standing.

How to Use These Violations Dispute the Debt : When filing a dispute with the credit bureaus or the CFPB, include these violations. Specifically, reference FDCPA 1692g ( a ) for lack of notice and UCC 1-203 for failure to act in good faith.

Request Validation : Demand validation under FDCPA 1692g ( b ). If LVNV can not validate, they must remove the account.

Leverage Identity Theft Protections : If the account is fraudulent, invoke FCRA 1681c-2 to demand its removal.

Legal Remedies : Inform LVNV Funding that continued reporting without compliance will result in complaints to the CFPB, FTC, and potential legal action under the FDCPA and UCC.

Company response to consumer: Closed with non-monetary relief