Consumer complaint received 2025-12-23 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account status incorrect
Company: Resurgent Capital Services L.P.
State: MO

Complaint narrative:
CFPB DIRECT DISPUTE & FORMAL CEASE AND DESIST NOTICE ( FDCPA 1692c ( c ) / FCRA 623 ( a ) ( 1 ) ( A ), 623 ( b ) ) Consumer : XXXX XXXX Address : XXXX XXXX XXXX XXXX, XXXX  XXXX, MO XXXX Email : XXXX Company : LVNV Funding LLC c/o Resurgent Capital Services L.P . 

Account Information Original Creditor : XXXX XXXX, XXXX. 

Account : XXXX  XXXX Platinum Balance : {$480.00} LVNV Account # : XXXX Statement of Facts I am filing this complaint as a Direct Dispute with LVNV Funding LLC regarding the XXXX  XXXX XXXX  account referenced above. 

On XX/XX/XXXX, I mailed LVNV Funding LLC a certified written communication that contained two clearly labeled documents : A Debt Validation request, and A Cease and Desist notice directing that all collection communication cease. 

USPS delivery confirms receipt of this mailing. LVNV Funding LLC later issued a written response addressing only the Debt Validation request. That response confirms that the mailing was received, opened, and reviewed. However, LVNV did not acknowledge, address, or respond to the Cease and Desist notice, despite its inclusion in the same certified mailing.

Because the Cease and Desist notice was ignored, I raised this issue through the Consumer Financial Protection Bureau. In that CFPB complaint, I explicitly stated that a Cease and Desist notice had been sent and not acknowledged. The CFPB forwarded that complaint to LVNV Funding LLC.

LVNV Funding LLC then submitted a written CFPB response. That response again failed to acknowledge the Cease and Desist notice, failed to explain why it was not addressed, and failed to state whether any compliance review occurred regarding the cease directive. Instead, the response focused solely on ownership of the account and LVNVs belief that its reporting was accurate.

This patternacknowledging portions of consumer communications while avoiding othersdemonstrates a deliberate failure to engage with a lawful cease request. The issue is no longer whether a Cease and Desist notice was sent ; the issue is that LVNV Funding LLC has now twice avoided acknowledging it, including after regulatory involvement.

Despite receiving written notice to cease communication, and despite being given an opportunity through the CFPB process to clarify or correct its position, LVNV Funding LLC has continued furnishing information to consumer reporting agencies. This continued furnishing occurred while the account was disputed and while a Cease and Desist notice remained unaddressed.

Under the Fair Credit Reporting Act, once a furnisher is on notice that an account is disputed and that communication is to cease, the furnisher has an obligation to ensure that any information furnished thereafter is accurate, complete, and the result of a reasonable investigation. Continued furnishing without acknowledging or addressing a cease request raises serious concerns regarding compliance with FCRA 623 ( a ) ( 1 ) ( A ) and FCRA 623 ( b ).

To eliminate any claim of ambiguity, misunderstanding, or procedural uncertainty, this complaint also serves as a renewed and explicit Cease and Desist directive.

FORMAL NOTICE TO CEASE AND DESIST ALL COMMUNICATION I am writing to formally demand that you cease all communication with me, whether by phone, mail, email, credit reporting, or any other means, regarding the above-referenced account.

This request is made pursuant to the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692c ( c ), which grants me the right to direct a debt collector to stop contacting me.

This notice applies to LVNV Funding LLC, as well as any agents, affiliates, servicers, or third parties acting on your behalf, including but not limited to Resurgent Capital Services L.P. and any collection vendors.

Furthermore, any further attempts to communicate with me, including but not limited to reporting or continuing to report this account to consumer reporting agencies, will be considered a violation of the FDCPA. 

In XXXX v. Convergent Outsourcing , Inc., 836 F.3d 507 ( 5th Cir. XXXX ), the court held that credit reporting constitutes a medium of communication and is therefore subject to a valid cease-and-desist request under the FDCPA. Accordingly, any continued credit reporting after receipt of this notice will be treated as unlawful communication. 
Please be advised that failure to comply with this demand may result in legal action being taken against your company. In such action, I will seek all available statutory damages, actual damages, costs, and attorneys fees as provided by law.

If you believe you are not the appropriate party to receive this notice, you are directed to forward this notice to the correct party immediately and provide written confirmation of that action.

This notice is issued deliberately, clearly, and without reservation.

No further notice is required. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation