Consumer complaint received 2024-12-24 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: Resurgent Capital Services L.P.
State: TX

Complaint narrative:
I am filing this complaint against LVNV Funding LLC for violations of federal laws, failure to provide validation for an alleged debt, inaccurate and conflicting reporting practices, and potential failure to comply with IRS regulations concerning charged-off debt. Below, I outline the specific violations and inaccuracies, along with my request for the immediate removal of this account from my credit reports.

Violations Identified 1. Failure to Provide Validation of Debt LVNV Funding LLC has failed to validate this alleged debt, including : A signed agreement or contract proving I owe the debt. 
Evidence that LVNV Funding LLC owns this debt and has the right to report it. 
A detailed breakdown of the amount claimed ( {$1000.00} ).

This failure violates 15 U.S.C. 1692g ( b ) of the FDCPA, which requires debt collectors to cease collection activities until they provide proper validation upon request.

2. Reporting of Potentially Fraudulent Debt I have no knowledge of this debt, and I have never been contacted by LVNV Funding LLC prior to discovering this account on my credit reports. The company 's failure to provide any validation raises concerns about the legitimacy of this debt. 

Reporting unverified or potentially fraudulent debt to credit bureaus violates the Fair Credit Reporting Act ( 15 U.S.C. 1681s-2 ( b ) ), which mandates that furnishers of information ensure the accuracy and legitimacy of the debts they report.

3. Failure to Notify Me of Debt Collection Efforts LVNV Funding LLC did not notify me in writing about this debt within five days of any initial communication, as required under 15 U.S.C. 1692g ( a ) of the FDCPA.

4. Failure to Issue a Form 1099-C for Written-Off Debt The account appears to have been charged off as uncollectible, yet I have not received a Form 1099-C ( Cancellation of Debt ).

Under 26 U.S.C. 6050P, creditors must issue a 1099-C when a debt of {$600.00} or more is canceled or forgiven.

If LVNV Funding LLC wrote off this debt and did not issue the required 1099-C, they are in violation of IRS regulations .

Additionally, once a debt is canceled and reported as such via a 1099-C, it should no longer be reported to credit bureaus as a collectible debt. Reporting this as an active or charged-off debt violates the Fair Credit Reporting Act ( 15 U.S.C. 1681s-2 ( a ) ).

5. Inaccurate Reporting of Account Information The credit reporting for this account contains numerous inconsistencies and inaccuracies : Discrepancies in the Last Reported Dates Across Bureaus XXXX reports the last reported date as XX/XX/XXXX. 
XXXX does not indicate any Last Reported date. 
XXXX reports it as XX/XX/XXXX. 
These inconsistencies violate the Fair Credit Reporting Act ( 15 U.S.C. 1681s-2 ( a ) ), which requires accurate reporting of consumer information.

Conflicting Comments Section Across Bureaus TXXXX states, Account seriously past due date/account assigned to attorney, collection agency, or credit grantor 's internal collection department. 
Experian states, Customer disputed account reported by subscriber. 
XXXX states, Consumer disputes this account information.

These conflicting comments violate 15 U.S.C. 1681e ( b ), which requires furnishers and credit reporting agencies to ensure the accuracy and consistency of reported information. 

Inconsistent Reporting of Date Last Active XXXX and XXXX report the Date Last Active as XX/XX/XXXX. 
XXXX reports it as XX/XX/XXXX. 
This discrepancy violates the Fair Credit Reporting Act ( 15 U.S.C. 1681s-2 ( a ) ).

Inaccurate Payment History XXXX shows consistent CO ( Charge-Off ) status for the past XXXX years, while XXXX shows consistent OK status during the same period.

This misrepresentation violates 15 U.S.C. 1681e ( b ), which mandates accurate reporting of payment history. 

XXXX. Continued Reporting of Unverified and Written-Off Debt By reporting this unvalidated debt to credit bureaus, LVNV Funding LLC is engaging in unfair and deceptive practices. This violates the Consumer Financial Protection Act ( 12 U.S.C. 5531 ), which prohibits unfair, deceptive, or abusive acts or practices. 

I respectfully request the Consumer Financial Protection Bureau ( CFPB ) to : Investigate LVNV Funding LLC for violations of the FDCPA, FCRA, and IRS regulations. 
Impose appropriate penalties on LVNV Funding LLC for failing to validate the debt, inaccurately reporting it, and potentially failing to issue a XXXX for the canceled debt. 
Require LVNV Funding LLC to remove this account from all credit reporting agencies and issue the appropriate 1099-C if applicable.

If these violations persist, I reserve the right to pursue legal action, including claims for statutory damages, attorneys fees, and other relief available under the FDCPA, FCRA, and applicable IRS regulations. 

Given these violations and inaccuracies, I respectfully request that LVNV Funding LLC take the following actions immediately : Remove this account from all credit reporting agencies ( XXXX, XXXX, and XXXX ) due to the lack of validation, unverified nature, and inaccurate reporting of this account. 
Cease all collection activities related to this alleged debt. 
Provide written confirmation that this account has been removed from my credit reports and that no further collection actions will be taken. 

This complaint is not a request for further validation. LVNV Funding LLC bears the burden of proof to establish ownership and validity of the debt before reporting it or engaging in collection activities. As they have failed to do so and reported inaccurate and conflicting information, I demand the immediate removal of this account from my credit reports.

Company response to consumer: Closed with explanation