Consumer complaint received 2024-12-01 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: GA

Complaint narrative:
LVNV dispute dispute This complaint is in regard to the account related to LVNV FUNDING LLC that is being reported to XXXX XXXX XXXX consumer report. 
LVNV FUNDING LLC needs prior consent from either the court or the consumer before communication with the collection of any debt to a credit reporting agency. 
Notice, it is a fact, I the consumer did not give prior consent to communication to the debt collector, { LVNV FUNDING LLC } and the consumer alleges there was no prior consent from a court giving permission to contact I, the consumer in collection of any debts owed to LVNV FUNDING LLC and thus this communication by LVNV FUNDING LLC is a violation of 15 U.S.Code 1692c ( a ) without a court order brought forth. I did not consent to LVNV FUNDING LLC communicating with me any obligations to pay a debt through any mediums which includes communication with the credit reporting agencies to report the alleged debt. Furthermore 15 U.S.Code 1692a ( 6 ) 1692a ( 6 ) - a debt collector is defined as anyone in the business of collecting a debt. Therefore by definition LVNV FUNDING LLC is debt collector. 

Notice, it is a fact, that, I, agent for principal ( XXXX XXXX XXXX ) am aware that LVNV FUNDING LLC is a debt collector by the legal definition. Pursuant to 15 U.S.Code 1692 ( a ) ( 6 ), a debt collector is any person who uses instrumentality of interstate commerce, such as the mails, in any business which the principal purpose is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another Furthermore this law U.S.Code 1692d states A Debt collector may not engage in any conduct ( no restriction ) which will harass, oppress or abuse any person in connection with the collection of a debt. Oppressing a right would be conduct not allowed from 1692d. Credit is the right granted and protected by federal law. If any debt collection caused a denial of credit this allows for damages. I have been denied credit on multiple occasions and denied housing because of this negative account on XXXX XXXX XXXX consumer report. This is an actual damage as this tremendously harmed my ability to operate in commerce and purchase household goods and shelter for I the consumer and my family. 

Notice, it is a fact, I the affiant is aware, credit is a right granted to me as a creditor under the Truth in Lending Act and { LVNV FUNDING LLC } does not have the right to oppress or abuse any part of my character which would restrict or prohibit my right to extend credit. LVNV FUNDING LLC has oppressed my right to extend credit which is a violation of 15 U.S.Code 1692d.

Furthermore this law 15 U.S.Code 1692e ( 8 ) states the actions performed by LVNV FUNDING LLC was illegal- Communicating with any person false credit information including failure to communicate the debt is being disputed has not been verified. As well as there being no contract that exists bewteen the I the consumer and LVNV FUNDING LLC thats says I the consumer would pay LVNV FUNDING LLC the alleged debt this was false and misleading reporting.

Notice, it is a fact, affiant is aware and has proof in this complaint of false and inaccurate credit information reported and it is a violation of 15 U.S.Code 1692e ( 8 ). LVNV FUNDING LLC reported a debt collections account to XXXX XXXX XXXX XXXX report. I the affiant have disputed this debt this information can not keep reporting while the dispute is still not resolved as well as failing to communicate with the credit reporting agencies that the debt is being disputed and has not been verified by I, the consumer. This was very misleading and LVNV FUNDING LLC used this as a tactic to swindle the credit reporting agencies into reporting a fake debt while at the same time attempting to force me to pay the alleged debt under the threat of duress and coercion by reporting the negative collections account to my consumer report in doing so severely damaging my credit worthiness and my ability to operate in commerce and obtain household goods and shelter. I have been denied housing on multiple occasions leading to me being in a XXXX XXXX  this is an actual damage to I, the consumer. I demand once again that LVNV FUNDING LLC fix this issue by deleting the account. LVNV FUNDING LLC is also in violation of 15 U.S. code 1681a ( 2 ) ( A ) ( I ) 1681 a ( 2 ) ( A ) ( i ) - Reported information can not be only transactions and experiences between the consumer and a company. 1681 a ( 2 ) ( A ) ( iii ) - The consumer must be given a chance to direct the information whether they want the information about a transaction they had to be reported or not. This is referenced in the Gramm Leach Bliley Act Notice, it is a fact, consumer is aware, a consumer must be given a chance to direct whether they want the information about a transaction to be reported or not. This is referenced in the Gramm-Leach Bliley Act. Affiant was not given the chance to opt-out of having this information reported regarding LVNV FUNDING LLC in doing so is in violation of 15 U.S. Code 1681 a ( 2 ) ( A ) ( ii ) and this information must be removed. 

I the consumer also know that it is a fact that XXXX XXXX the original creditor assigned the debt to LVNV FUNDING LLC. The two debt collectors that reported the alleged debt and are attempting collect are LVNV FUNDING LLC and XXXX XXXX. Both debt collectors are attempting to force the consumer to pay under the threat of duress and coercion by reporting a collections account to XXXX XXXX XXXX consumer report. In doing so both companies have severely damaged my ability to operate in commerce and use my right to credit. I the consumer have a right to credit and have had that right taken from me due to the improper use of my consumer report from LVNV FUNDING LLC and XXXX XXXX. 

Furthermore in accordance with 15 U.S.Code 1692e ( 12 ) 1692e ( 12 ) - the assignee clause which makes the 3rd party debt collector and the one who assigns the debt liable. 
XXXX XXXX assigned the debt to LVNV FUNDING LLC This means they are both liable for the alleged debt not I the consumer Notice, it is a fact, consumer has reason to be believe and do so believes, LVNV FUNDING LLC and XXXX XXXX are in violation in accordance to Article 9, the assignment of a def

aulted note is illegal. Both the assignee and the assigned are both liable for violations under 15 U.S.Code 1692e ( 12 ). So I am actually not liable for this debt according to what the law says about the matter.

The debt was assigned to LVNV FUNDING LLC they are attempting to collect a debt that they were assigned. LVNV FUNDING LLC and XXXX XXXX XXXX do not have any contract which contains my signature nor does a contract exists that states XXXX XXXX XXXX would pay LVNV FUNDING LLC any payment for a debt. 

There is no contract between the consumer and the debt collectors. This violates the Fair Debt Collection Practices Act ( FDCPA ) which prohibits abusive, unfair, or deceptive debt collection practices ; if you are contacted by multiple collectors for the same debt. Both LVNV FUNDING LLC and XXXX XXXX have both contacted XXXX XXXX XXXX in an attempt to collect a debt. 
XXXX XXXX had no right to sell the account without notice to i the consumer before doing so. XXXX XXXX also had no right to sell the debt because XXXX XXXX already received income from I the consumer. XXXX XXXX already received full payment of the debt. XXXX XXXX withdrew funds from my Social Security trust account. US Treasury XXXX  XXXX  Trust Account - [ XXXX XXXX XXXX ( XXXX XXXX XXXX  ) SOCIAL SECURITY ACCOUNT NUMBER # XXXX, with IRS Form 1099-A. The IRS accounting department can properly account for the transfer of these funds from this account to all debt accounts that I am said to owe or be in default. Due to this fact I, the consumer have no further obligations to XXXX XXXX. 

LVNV FUNDING LLC also violated 15 U.S.Code 1692j 15 USC 1692 ; 1692 - False and deceptive forms. A form which is made to believe the debt has something to do with you or you are obligated and you are not, is false and deceptive.

Fraud found in a form is a false and deceptive form and a violation of this act. For example if you go and get into an agreement as a consumer credit transaction, you went for something and gave credit. Companies are known to make what's called asset accounts. I never went to have an account made, this is a false and deceptive form because they never disclose this account being made. This includes statements which falsely accuses me of owing a debt. The delivery of these forms via mail constitutes mail fraud. I also never created an account with LVNV FUNDING LLC if I the consumer did not open the account then it is fraud.

Notice, it is a fact, consumer is aware, there has been fraud found in this form shown in EXHIBIT ( - ). This form is therefore false and deceptive, void and a violation of 15 U.S.Code 1692j I do not have a contract with LVNV FUNDING LLC.

Furthermore 15 U.S.Code 1692k ( a ) ( 1 ) 15 USC 16324010 ) 1692k ( a ) ( 1 ) - Allows for any action of damage.

Notice, it is a fact, affiant is aware pursuant to 15 U.S.Code 1692k ( a ) ( 1 ) allows civil liability rewards for any damages, which may include stress, harassment, anxiety, mental anguish, and other damages all caused by violations of FDCPA due to LVNV FUNDING LLC abusive and deceptive business practices. Which caused I the consumer to be denied for housing and certain lines of credit. Which caused I the consumer to be in a homeless shelter and and unable to operate in commerce this is very un equitable. 

Furthermore I am owed monetary value in the amount of XXXX $ for every single violation of the UNITED STATES CODES. 15 U.S.Code 1692k ( a ) ( 2 ) ( A ) 1692k ( a ) ( 2 ) ( A ) - 1000 dollars for each proceeding.

Notice, it is a fact, 15 U.S.Code 1692k ( a ) ( 2 ) ( A ) states an individual action is a violation worth 1000 dollars for proceeding, however understand 15 U.S.Code 1692k ( a ) ( 1 ) these violations has caused actual damage By LVNV FUNDING LLC violating 15 U.S. Code 1681 a ( 2 ) ( A ) ( ii ) and not giving me a chance to direct whether I want the information about a transaction to be reported or not. This is referenced in the Gramm-Leach Bliley Act. Affiant was not given the chance to opt-out of having this information reported regarding LVNV FUNDING LLC in doing so LVNV FUNDING LLC is in violation of 15 U.S. Code 1681 a ( 2 ) ( A ) ( ii ) I was damaged by this violation of the law LVNV FUNDING LLC took it upon themselves to infringe on my right to direct the information I want reported regarding the transaction. Then hindering my ability to credit by reporting without my directions a collections account that negatively impacted my consumer report. 
Every violation of the law by LVNV FUNDING LLC caused a damage to I, the consumer. 

LVNV FUNDING LLC also committed identity theft. They obtained my identifying information such as my social security number to swindle the credit reporting agencies into reporting the fraudulent account. This use of my social security number was not authorized by I the consumer. 15 U.S.Code 1644 ( a ) 15 USC 1644 ( a ) 1644 ( a ) - Fraudulent authorized use of a credit card such as a license plate, social security card, EBT card etc, can result up to a XXXX fine.

Notice, it is a fact, affiant is aware, the fraudulent use of a credit card, by LVNV FUNDING LLC is defined as whoever uses, attempts or conspires to use a card to obtain money, goods or services shall be fined for {$10000.00} or imprisoned for 10 years or both.

LVNV FUNDING LLC used my social security account number the exact number on social security card to report information to my consumer report and to collect on a debt.

This is a direct violation of 1644 ( a ) Also note that this matter could become even more serious if this issues isnt resolved because according to 1692k ( a ) ( 2 ) ( B ) -If i win a civil suit and file a class action, i can obtain up to XXXX $ or 1 % of the company. 

Notice, it is a fact, affiant is aware, If judgement is made against { LVNV FUNDING LLC } I, the affiant, can and will pursue class action for the amount of XXXX $ to 1 % of your company in accordance with 15 U.S.Code 1692k ( a ) ( 2 ) ( B ) meaning I could own a percentage of LVNV FUNDING LLC or receive XXXX $ for LVNV FUNDING LLC inconveniences to I the consumer. 

15 U.S.Code 1602 ( b ) 15 USC 1602 ( b ) 1602 ( b ) Bureau.

The term Bureau means the Bureau of Consumer Financial Protection. Consumer Reporting Agencies are not credit bureaus. The CFPB regulates the credit reporting agencies.

I urge the CFPB to work swiftly and diligently with me on this matter to make sure LVNV FUNDING LLC and the credit reporting agencies XXXX and XXXX resolves this issue in a timely fair and equitable way for I, the consumer. As well as make sure they follow the laws that were set in place to govern them. Thankyou.

Company response to consumer: Closed with non-monetary relief