Consumer complaint received 2025-01-17 00:00:00
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt was paid
Company: Resurgent Capital Services L.P.
State: NM

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXX/XX/XXXX LVNV Funding LLC Care of Resurgent Capital Services XXXX XXXX XXXX XXXX XXXX XXXX XXXX Subject : Rebuttal to Inquiry Response and Demand for Validation Under FCRA and FDCPA Dear LVNV Funding LLC, This letter serves as my formal rebuttal to the correspondence dated XX/XX/XXXX, regarding the account referenced above. Your response fails to adequately address the legal obligations outlined under the Fair Debt Collection Practices Act ( FDCPA ) and Fair Credit Reporting Act ( FCRA ). The information provided lacks sufficient validation and fails to comply with federal mandates regarding debt collection and consumer reporting. 

Violations Identified Failure to Provide Adequate Validation of Debt ( 15 U.S.C. 1692g ) : The documentation you provided does not meet the statutory requirements for validation. Specifically : There is no detailed breakdown of how the debt amount of {$1300.00} was calculated. 
The original creditor agreement provided is incomplete and does not demonstrate my liability for this debt. 
The chain of custody between XXXX XXXX XXXX  and LVNV Funding LLC is not substantiated. 
Case Law Reference : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ), emphasizes the requirement for detailed and clear debt validation. 
Failure to Correct and Verify Disputed Information ( 15 U.S.C. 1681s-2 ) : Despite my dispute, you continue to inaccurately report this account to the CRAs. XXXX reflects a first delinquency date of XX/XX/XXXX, while XXXX has failed to accurately report the account status or dates. 
Your assertion that the information is accurate is unsupported by proper documentation or investigation, violating the FCRAs accuracy mandates. 
Case Law Reference : XXXX XXXX XXXX & XXXX, XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ), requires furnishers to conduct meaningful investigations and correct inaccuracies. 
Misrepresentation of the Charge-Off Process : Your correspondence indicates the account was charged off on XX/XX/XXXX, and sold to LVNV Funding LLC XXXX XX/XX/XXXX. However, the provided documents fail to substantiate that LVNV Funding LLC has a legitimate right to collect or report this debt. 
Case Law Reference : XXXX XXXX XXXX XXXX XXXX, NA, XXXX XXXX XXXX ( XXXX XXXX. XXXX ), mandates that furnishers validate the ownership and reporting accuracy of debts. 
Illegal Practices in Communication You have engaged in continued communication through my consumer report, which constitutes a violation under 15 U.S.C. 1692c ( a ) ( 1 ). Reporting derogatory information to CRAs as a means of coercing payment is a medium of communication prohibited by the FDCPA. 

Case Law Reference : Pintos v. XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ), limits permissible purposes for accessing and reporting consumer information without explicit authorization or a verified legal basis. 

Demand for Remedy and Full Compliance Validation of Debt : Provide : A detailed itemization of the debt, including all fees, interest, and payments applied. 
Proof of ownership and the full chain of assignment from the original creditor to LVNV Funding LLC. 
The original agreement bearing my signature to demonstrate liability. 
Correction of Reporting : Update all CRAs with accurate information, ensuring the removal of incorrect delinquency dates and any inaccuracies in the reporting timeline.

Cease and Desist Communication : Immediately cease all forms of communication, including reporting to CRAs. Your continued actions have caused undue harm to my financial well-being and livelihood. 
Method of Verification : Provide detailed documentation of the methods used to verify the disputed information furnished to CRAs, as required by 15 U.S.C. 1681i ( a ).

Written Confirmation : Confirm in writing that all inaccuracies have been corrected and that the account will no longer be reported to CRAs unless validated under federal law. 
Failure to comply within 15 days will result in further action, including filing formal complaints with the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), and potential legal proceedings for violations of the FDCPA and FCRA. 

Sincerely, XXXX XXXX XXXX

Company response to consumer: Closed with explanation