Consumer complaint received 2025-12-04 00:00:00
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: Resurgent Capital Services L.P.
State: CA

Complaint narrative:
RESURGENT CAPITAL SERVICES/ LVNV FUNDING Complainant : XXXX XXXX XXXX XXXX Address : XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX, XXXX XXXX Resurgent Account ( s ) : LVNV / XXXX XXXX Bank Charged-off account ( Resurgent-serviced ) LVNV / Resurgent Collection Activity XXXX XXXX XXXX Tracking : XXXX ( Delivered XX/XX/year> at XXXX XXXX, XXXXXXXX XXXX  XXXX XXXX 1. Summary of Complaint I am filing this CFPB complaint because Resurgent Capital Services and/or its associated entities LVNV Funding LLC and XXXX XXXX Bank XXXX have engaged in willful, repeated violations of the Fair Credit Reporting Act ( FCRA ), the Fair Debt Collection Practices Act ( FDCPA ), and federal tax law reporting requirements by : 1. Attempting to collect on a debt that was already discharged as income and reported to the IRS via Form 1099-C. 

2. Reporting inaccurate, incomplete, or legally impossible information to XXXX XXXX, and XXXX. 

3. Ignoring multiple disputes, including identity theft filings, 1099-C filings, tax transcript evidence, and written requests for validation.

4. Failing to provide required documentation, including chain of assignment, proof of ownership, bill of sale identifying my specific account, and an authoritative copy of the original contract. 

5. Continuing collection activity after being notified that the debt was extinguished for tax purposes and reported to federal agencies. 

Resurgent is continuing to collect and report a debt that no longer legally exists, is not owned by Resurgent, and which is prohibited from being collected or reported under federal law. 


2. Background Facts A. The Debt Was Discharged as Income and Reported to IRS This account appears on my IRS transcript as discharged income.

A legitimate 1099-C is already accepted by the IRS for this account category.

Under 26 U.S.C. 6050P and 26 C.F.R. 1.6050P-1, creditors must report cancelation of debt to IRS. 
Once accepted, the account can not legally remain collectible, and can not be revived by a subsequent debt buyer, including LVNV/Resurgent. 

B. Resurgent Has No Proof of Ownership or Standing I requested the following documents : Full chain of title Bill of sale identifying my specific account Assignment agreements Proof of holder-in-due-course status Wet-ink or authoritative electronic contract Servicing transfer records Payment history and charge-off documentation Resurgent has never produced ANY of these. 

They continue collection activity and reporting without legal standing, violating : FCRA 1681s-2 ( a ) ( 1 ) ( A ) FDCPA 807 ( 2 ) ( A ), 807 ( 8 ), 809 ( b ) UCC Article 3 ( holder of the instrument ) IRS discharge rules California Consumer Credit Reporting Agencies Act ( CCRRA ) C. Identity Theft & Furnisher Errors Have Already Been Reported I filed an FTC Identity Theft Report identifying multiple fraudulent and improperly reported accounts. 
CFPB and CRAs have copies of my : Government ID Utility bill Signed affidavit Full Universal Identity Theft packet Tax transcript showing 1099-C Notices to furnishers and CRAs Court records for dismissed bankruptcy petitions Resurgent continues to ignore federal identity theft procedures under FCRA 1681c-2 . 

D. XXXX Tracking Confirms Resurgent Received Full Evidence Package A full evidence package was sent via XXXX XXXX : Tracking XXXX Delivered to Resurgents Agent on XX/XX/year> at XXXX XXXX  ( XXXX, XXXX ). 

Despite confirmed receipt, Resurgent has not acknowledged, corrected, or investigated the evidence.

3. Specific Violations A. FCRA Violations Resurgent is violating : 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ) Reporting inaccurate and false information.

15 U.S.C. 1681e ( b ) Failure to maintain reasonable procedures for accuracy.

15 U.S.C. 1681i ( a ) Failure to conduct reasonable reinvestigation after disputes.

15 U.S.C. 1681b ( a ) Accessing and furnishing my consumer report without permissible purpose. B. FDCPA Violations Resurgent is violating : 15 U.S.C. 1692e ( 2 ) ( A ) Misrepresenting l
egal status of a debt.

1692e ( 8 ) Reporting false credit information.

1692f Attempting to collect on a debt that is not owed.

1692g ( b ) Continuing collection without validating the debt.

C. IRS Violations ( Debt Already Discharged ) Under IRS Publication 4681 and 26 U.S.C. 6050P, this debt is extinguished.

A discharged debt can not be collected, sold, or reported as outstanding.

Resurgent is attempting to collect a non-existent tax-discharged asset.

D. Electronic Signature / Authoritative Copy Failure Resurgent can not authenticate : My signature The alleged contract The authoritative digital copy Audit logs Chain-of-custody XXXX cryptographic integrity This violates : E-SIGN Act UCC 3-301, 3-309 Cal. Evid. Code 12711272, 1401 ( a ) Without authentication, no contract exists for enforcement.

4. Harm Suffered Resurgents false reporting and unlawful collection caused : Damage to my credit profile Higher interest rates Mortgage application delays Emotional distress Loss of housing opportunities Loss of financial opportunities Time spent preparing evidence and legal disputes Resurgent is knowingly reporting a false, discharged, unverified debt.

5. What I Am Requesting the CFPB to Order 1. Immediate deletion of ALL Resurgent / LVNV / XXXX  XXXX reporting across all CRAs. 

2. Immediate cessation of ALL collection activity.

3. Written confirmation of account closure with {$0.00} balance. 

4. Full documentation including chain of title, assignments, authoritative contract.

5. Referral to IRS, FTC, and state AG for review of potential tax and credit reporting violations.

6. Supporting Exhibits ( Available Upon Request ) IRS 1099-C acceptance record IRS wage & income transcript FTC Identity Theft Report Universal ID Packet ( notarized ) Prior disputes and CRA responses XXXX delivery confirmation ( XXXX ) Hash Log Page ( XXXX & XXXX integrity verification ) Deleted account screenshots Resurgent collection email CRAs dispute outcomes CFPB prior complaints IdentityIQ report showing deleted items 7. Conclusion Resurgent Capital Services is attempting to collect and report a debt that was : Not legally owed Discharged per IRS law Unverified and unsubstantiated Unsupported by any chain of title In violation of FCRA, FDCPA, UCC, IRS regulations, and California law I request immediate intervention by the CFPB.

Company response to consumer: Closed with non-monetary relief