Consumer complaint received 2025-05-23 00:00:00
Product: Debt collection — Credit card debt
Issue: Communication tactics — You told them to stop contacting you, but they keep trying
Company: Resurgent Capital Services L.P.
State: MN

Complaint narrative:
XX/XX/XXXX LVNV Funding LLC XXXX XXXX XXXX XXXX XXXX XXXXXXXX Subject : Cease and Desist Demand Account No : XXXX To Whom It May Concern : Please be advised that I am formally requesting that your company cease all communications with me regarding the above-referenced alleged debt, pursuant to the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692c ( c ). Furthermore, I am demanding proper and complete validation of the alleged debt as outlined under federal law.

I. FDCPA Violations and Legal Precedent Under 15 U.S.C. 1692c ( c ), once a consumer submits a written request for a debt collector to cease communication, the collector must immediately stop all efforts to contact the consumer, except to notify of specific legal actions being taken.

Additionally, 15 U.S.C. 1692g ( b ) requires that all collection activity cease until the alleged debt has been properly validated. To satisfy this requirement, you must provide : The name and address of the original creditor ; A copy of the original signed contract or agreement; A complete chain of title or assignment documenting the transfer of ownership of the debt ; and A detailed accounting of all amounts claimed to be owed, including principal, interest, fees, and other charges. 


In XXXXXXXX XXXX XXXXXXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ), the court ruled that even implied threats to collect on time-barred debts may be misleading and violate 15 U.S.C. 1692e, which prohibits deceptive or unfair collection practices. Moreover, the court held that reporting a debt to consumer reporting agencies constitutes a form of communication under the FDCPA. Therefore, continued reporting of this alleged debt without proper validation may also constitute a separate and actionable FDCPA violation. 

II. Accuracy of the Alleged Debt I dispute the validity, accuracy, and legal enforceability of the alleged debt. As the party now asserting ownership of this account, the burden lies with your organization to substantiate the legitimacy and current balance of the debt with verifiable documentation.

Until such documentation is provided, no further communication, collection efforts, or credit reporting should take place. Any attempt to collect a debt that can not be substantiated or that is beyond the applicable statute of limitations could be considered a willful misrepresentation and a deceptive act in violation of federal law. 

III. Potential Legal Action Failure to comply with this cease-and-desist request or any continued efforts to collect or report the alleged debt without proper validation may result in : A formal complaint filed with the Consumer Financial Protection Bureau ( CFPB ) , A report to the Federal Trade Commission ( FTC ) and the Attorney General of my state, and Potential legal action in federal court seeking statutory damages under 15 U.S.C. XXXX, including attorneys fees and costs, if applicable.

Please be advised that each continued act of communication or reporting may constitute a separate violation.

IV. Conclusion This letter constitutes a legal notice under the FDCPA. I expect your organization to immediately cease all communication and suspend all collection and reporting activity related to this matter unless and until proper debt validation is furnished. 
Should you fail to comply, I am prepared to assert my rights to the fullest extent permitted by law. A copy of this letter has been retained for my records. No further contact is authorized unless it is to provide the required validation or to notify me of specific legal proceedings.

Company response to consumer: Closed with non-monetary relief