Consumer complaint received 2025-11-25 00:00:00
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt is not yours
Company: Resurgent Capital Services L.P.
State: MO

Complaint narrative:
I am filing this complaint because LVNV Funding has reported a collection or charge-off account that I do not own and that has never been validated with original documentation. Despite multiple requests and formal disputes under the Fair Credit Reporting Act ( FCRA ) and Fair Debt Collection Practices Act ( FDCPA ), the company continues to report this account as valid. This has resulted in inaccurate and derogatory information being published to my credit file, which has damaged my creditworthiness and caused ongoing harm. I am seeking a full procedural reinvestigation and validation of this account, as well as removal from all credit reports if verification can not be provided through original documentation.

Background and Summary LVNV Funding is reporting a derogatory collection account under my credit profile. The account shows a past-due balance and status of collection/charge-off. This information appears primarily on my TransUnion report but not uniformly across other bureaus, which itself raises questions of data consistency and accuracy. I have never received any original contract, signed agreement, or proof showing that I entered into a financial relationship with the original creditor from which LVNV Funding claims to have acquired this alleged debt. I have also never received proper notice under the FDCPA advising me of my right to request debt validation within XXXX days.

When I reviewed my credit report, I immediately filed a written dispute with the credit bureaus and with LVNV Funding, requesting validation and documentary proof that the debt is mine. Under FDCPA 809 ( b ) and FCRA 611 ( a ) ( 1 ), a debt collector and a credit bureau are required to verify disputed information before continuing to report it. LVNV Funding and the bureaus failed to provide any documentary proof such as an original signed contract, billing statements, or chain-of-title documents that could validate this account as mine. Instead, I received generic responses stating that the item was verified or remains, without any evidence or explanation of the verification process. 

Failure to Provide Proper Validation LVNV Funding is a debt buyer and not the original creditor. As such, they are legally required to maintain documentation proving that they legally acquired the debt, that the debt is valid, and that I am the correct debtor. This includes : The name and address of the original creditor. 

A complete chain of assignment or purchase agreement transferring ownership from the original creditor to LVNV Funding.

The itemized account history showing how the alleged balance was calculated.

A copy of the original signed agreement establishing any financial obligation.

Despite several written requests, LVNV Funding has not provided any of these documents. Without such validation, they are not authorized to collect, report, or communicate this information to any third party, including the credit bureaus. Their continued reporting of this unvalidated account constitutes a direct violation of FDCPA 807 ( 8 ), which prohibits furnishing credit information known or that should be known to be false, and FDCPA 809 ( b ), which prohibits further collection or reporting until validation is completed. 

FCRA Violations by the Credit Bureaus Under the Fair Credit Reporting Act 607 ( B ), credit bureaus are required to maintain reasonable procedures to ensure maximum possible accuracy of consumer information. When a consumer disputes an account, the bureaus are obligated under FCRA 611 ( a ) ( 1 ) ( A ) to conduct a reasonable reinvestigation. However, the reinvestigation performed by XXXX XXXX, and XXXX appears to have been nothing more than an automated XXXX process, in which the furnisher ( LVNV Funding ) simply confirms or denies the debt electronically without providing documentation.

This type of automated verification is not considered a reasonable reinvestigation under federal law, because it does not involve reviewing evidence or confirming ownership. The FCRA requires the bureaus to delete unverifiable information within 30 days. Their failure to do so especially in light of missing documentation represents noncompliance with FCRA 611 ( a ) ( 5 ) ( A ).

Timeline of Events I obtained copies of my credit reports and discovered the LVNV Funding collection account listed as a derogatory item.

I submitted formal written disputes to the credit bureaus, identifying the account as inaccurate and requesting verification.

I also mailed a direct validation request to LVNV Funding, citing my rights under FDCPA 809 ( b ) and requesting proof that the alleged debt was mine.

None of the bureaus nor LVNV Funding provided any original documentation. Instead, I received generic statements indicating the account had been verified.

Because no proof was ever provided, the continued reporting of this account violates both the FCRA and FDCPA.

Inconsistencies and Lack of Legal Standing LVNV Funding is not the original lender. As a debt purchaser, it must prove ownership through a documented chain of assignment. However, there is no record that LVNV Funding has produced a bill of sale, assignment record, or transfer document showing that the alleged account was legally acquired and assigned to them. Without that, they have no legal standing to report or collect the alleged debt. Their conduct misleads credit reporting agencies into believing the debt is legitimate when, in fact, there is no validation.

Additionally, LVNV Funding has not proven that they have a permissible purpose to report or share my information under FCRA 604 ( a ). Without a valid, verified consumer relationship, the transmission of my data to credit bureaus may constitute an unauthorized disclosure of consumer information.

Impact of Inaccurate Reporting Because of this inaccurate and unverified reporting, I have suffered significant harm. This derogatory account has lowered my credit score, caused me to be denied credit opportunities, and subjected me to higher interest rates on financial products. I have had to spend time and resources disputing information that should have been properly verified before being reported.

This situation has caused stress, confusion, and reputational damage. I have acted in good faith by submitting disputes and documentation, while the bureaus and LVNV Funding have responded with automated form letters and no supporting evidence. The harm continues each month that this unverified account remains on my report.

Pattern of Noncompliance This is not an isolated issue. LVNV Funding has a documented history of consumer complaints regarding improper reporting, failure to validate debts, and inaccurate credit furnishing practices. The company often purchases portfolios of charged-off debts but fails to maintain the original documentation. They then continue to collect or report based solely on electronic data files, without physical evidence of each individual consumer account.

The Consumer Financial Protection Bureau ( CFPB ) has previously emphasized that furnishers and debt buyers must maintain records and verify accuracy before reporting to credit bureaus. In this case, LVNV Fundings practices show a clear pattern of violating the principles of fairness and accuracy required by law.

Procedural Deficiencies During the dispute process, the credit bureaus never provided : The name, title, and contact information of the person who verified the account.

The method of verification or how the data was confirmed.

Copies of any supporting documentation used in the reinvestigation.

The FCRA requires that, upon request, the credit bureaus disclose the method of verification ( 611 ( a ) ( 6 ) ( B ) ( iii ) ). This has not been done. The lack of transparency undermines the entire reinvestigation process and leaves consumers with no means to verify the legitimacy of the bureaus findings.

Failure to Mark Account as Disputed Under FCRA 623 ( a ) ( 3 ), furnishers like LVNV Funding are required to clearly report an account as disputed by the consumer once a dispute has been filed. Failure to include this notation constitutes inaccurate reporting and is misleading to any third party reviewing my credit file. LVNV Fundings reporting does not reflect that the account is disputed, which is another clear compliance failure.

Request for Chain of Assignment I have repeatedly requested proof of the legal chain of assignment from the original creditor to LVNV Funding. To date, this has not been provided. A complete chain of assignment must include : The name and account number from the original creditor.

Documentation showing each transfer of ownership.

A bill of sale or assignment document linking my alleged account to LVNV Funding.

The specific amount and terms of the debt at the time of each transfer.

Without this chain, there is no evidence that LVNV Funding is the rightful owner of any debt associated with my name.

Request for Method of Verification When the credit bureaus concluded their reinvestigation, I formally requested disclosure of the method of verification. Under FCRA 611 ( a ) ( 7 ), I am entitled to receive a detailed description of how the information was verified, including the furnishers contact information and the evidence used. None of the bureaus or LVNV Funding provided this explanation. They simply closed the dispute, claiming the account was verified, without sharing any actual documentation.

Legal Context and Violations The continued reporting of this unverifiable account violates multiple provisions of federal law : FCRA 602 ( A ) Mandates fair and accurate credit reporting.

FCRA 607 ( B ) Requires bureaus to maintain procedures ensuring maximum possible accuracy.

FCRA 611 ( a ) Requires deletion or correction of unverifiable information after a reasonable reinvestigation.

FCRA 623 ( a ) ( 3 ) Requires furnishers to report disputed information as disputed.

FDCPA 807 ( 8 ) Prohibits communication of false or misleading credit information.

FDCPA 809 ( b ) Requires debt validation before further collection or reporting.

LVNV Fundings and the bureaus actions or lack thereof are inconsistent with these legal requirements.

Consumer Rights Under Federal Law As a consumer, I have the right to : Dispute any inaccurate or unverified information on my credit report.

Receive the method and results of any reinvestigation within 30 days.

Request copies of the evidence used to verify the information.

Have unverifiable data deleted from my report.

All of these rights have been ignored in this case.

Documentation Provided by Me In my disputes, I submitted documentation showing identification, proof of address, and highlighted sections of my credit reports identifying the disputed LVNV Funding entry. These were provided to both the credit bureaus and LVNV Funding. Despite this, none of the parties have provided any corresponding documentation proving ownership, balance, or contract. This lack of response is a direct violation of procedural fairness.

Procedural Negligence and Lack of Oversight This entire situation demonstrates procedural negligence. The credit bureaus rely heavily on automated verification, and LVNV Funding relies on unverified electronic data rather than original records. This process fails to meet the reasonable investigation standard set forth by the FCRA. The system places the burden of proof unfairly on the consumer, even though the law clearly places that burden on the furnisher once a dispute is filed.

Financial and Emotional Harm The presence of this false account has lowered my credit score, affected my ability to secure financing, and created emotional distress. Every time I apply for credit, this inaccurate derogatory account undermines my financial reputation. The ongoing publication of this data to third parties without validation is not only inaccurate but also damaging to my financial stability and personal peace of mind.

CFPB Guidance and Enforcement The CFPB has issued multiple bulletins reminding furnishers and credit bureaus of their duties to maintain accuracy and conduct meaningful reinvestigations. These include CFPB Bulletin 2013-09 and enforcement actions against companies that rely on automated dispute responses. The current behavior by LVNV Funding and the bureaus appears to contradict that guidance.

Requested Actions As part of this complaint, I request that : LVNV Funding immediately provide full validation of the alleged debt, including copies of the original signed agreement, itemized billing history, and proof of ownership.

If LVNV Funding can not produce this documentation within the required timeframe, the account must be deleted from all credit reports.

The credit bureaus provide a written description of the method of verification used in their reinvestigation.

The account be marked as disputed by consumer until and unless full validation is provided.

The CFPB ensure that LVNV Funding and the bureaus implement proper compliance procedures to prevent recurrence of these violations.

Conclusion In summary, LVNV Funding has reported a debt that I do not owe, and neither the company nor the credit bureaus have provided any documentation to prove otherwise. The account remains on my credit file without legal or factual basis, causing ongoing harm and violating my rights under both the FCRA and FDCPA. This situation demonstrates a lack of proper validation, a failure to conduct reasonable reinvestigations, and disregard for federal consumer protection laws. I am requesting that the CFPB compel LVNV Funding and the credit bureaus to : Produce all supporting documents for this account, or delete it immediately.

Provide a clear explanation of the verification process used.

Correct and update my credit reports accordingly.

Take disciplinary or corrective action to ensure future compliance.

I do not own this account. Until proven otherwise with legally verifiable documentation from the original creditor, any continued reporting or collection activity by LVNV Funding constitutes a willful violation of federal law. The only fair and lawful resolution is complete deletion of this unverifiable account from all credit files.

Company response to consumer: Closed with explanation