Consumer complaint received 2025-07-23 00:00:00
Product: Debt collection — Credit card debt
Issue: Took or threatened to take negative or legal action — Sued you in a state where you do not live or did not sign for the debt
Company: Resurgent Capital Services L.P.
State: TX

Complaint narrative:
* * * * This is not a duplicate complaint * * * This company is refusing to answer about why they are using the purchase date of debt instead of the First delinquent date. Along with many other misrepresentations. They admitted it in a letter they sent to the CFPB and the CFPB didnt take it serious.

filing this formal complaint/dispute against LVNV Funding , LLC and its servicer Resurgent Capital Services for unlawful and deceptive credit reporting practices in violation of the Fair Credit Reporting Act ( FCRA ) and Fair Debt Collection Practices Act ( FDCPA ). 

The account in question originated with XXXX XXXX XXXX XXXX and was charged off on XX/XX/XXXX, XXXX last payment occurred on XX/XX/XXXX. The account was purchased by LVNV on XX/XX/XXXX, XXXX no payments or had any valid account relationship or communication with LVNV since the date of purchase. This is all straight information provided by LVNV funding. They told on themselves. 

Despite this, LVNV is currently reporting : Past due as of XXXX XXXX Monthly collection activity from late XXXX through XXXX A last activity date that is false and misleading Furthermore, LVNV has admitted in a written letter that they are using XX/XX/XXXX ( the date they purchased the debt ) as the start of credit reporting activity. This is a clear admission of re-aging the debt as the true date of first delinquency was in XXXX, more than a year prior. Their use of the purchase date as the basis for monthly updates is improper and illegal.

This behavior constitutes willful noncompliance with the following provisions of the FCRA and FDCPA : 1. FCRA 623 ( a ) ( 5 ) 15 U.S.C. 1681s-2 ( a ) ( 5 ) : Requires furnishers to accurately report the date of first delinquency ( DOFD ). LVNV has failed to do this and instead falsely reported collection activity tied to the purchase date.

2. FCRA 605 ( c ) 15 U.S.C. 1681c ( c ) : Credit reporting may not exceed 7 years from the true DOFD. LVNVs attempt to reset this timeline via monthly updates based on the XXXX purchase date constitutes illegal re-aging.

3. FCRA 623 ( a ) ( 1 ) ( A ) : Prohibits the furnishing of information known to be false. Reporting collection as of XX/XX/XXXX when no payments have been made since XXXX is knowingly inaccurate. 

4. FCRA 623 ( a ) ( 3 ) : Requires continued reporting of a disputed status following my formal dispute submitted in XX/XX/XXXX. Any update without this notation is a standalone violation. 

5. FDCPA 807 ( 8 ) 15 U.S.C. 1692e ( 8 ) : Prohibits misrepresentation of a debts legal status. LVNVs false collection entries create the illusion of new delinquency on a time-barred account.

Requested Resolution : I request that : The XXXX  tradeline be corrected to reflect the true DOFD of XX/XX/XXXX All false monthly collection activity updates from XXXX be removed The past due as of XX/XX/XXXX status be deleted The account be removed entirely if LVNV can not legally justify this reporting Regulatory enforcement be considered for LVNVs written admission that they are basing delinquency and activity reporting on the debt purchase date, which is a prohibited credit reporting practice providing evidence, including screenshots of XXXX  current tradeline and a copy of the letter from LVNV where they disclose the account acquisition date and the continued reporting of activity as of XXXX respectfully request full reinvestigation under FCRA 611 and immediate correction.

Company response to consumer: Closed with explanation