Consumer complaint received 2024-11-08 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: PA

Complaint narrative:
I am writing to formally address the egregious inaccuracies and violations of my rights. LVNV Funding has reported multiple erroneous entries on my credit report, violating both federal and XXXX state laws that protect consumers from inaccurate reporting and debt collection misconduct. The impact of these violations has been substantial, causing severe, undeserved harm to my creditworthiness and impeding my ability to secure fair credit access. : Outdated Debts Beyond XXXX Statute of Limitations ( XX/XX/XXXX and XX/XX/XXXX ) LVNV Funding has improperly reported XXXX outdated debts dated XX/XX/XXXX, and XX/XX/XXXX, XXXXboth of which fall outside of XXXX statute of limitations for debt collection. Under 42 Pa.C.S. 5525, the statute of limitations for collection on these types of debts is strictly XXXX  years. Attempting to collect or report debts past this limitation directly contravenes XXXX law, and any representation suggesting otherwise misleads credit reporting agencies, violating my rights under the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq..

LVNV Fundings continued reporting of these debts is an unequivocal breach of 1681s-2 of the FCRA, which mandates that furnishers only report accurate, verifiable, and legally valid information. By knowingly reporting legally unenforceable debts, LVNV Funding engages in deceptive credit reporting, misrepresenting the debts ' legal status to prospective lenders. This misconduct impacts my credit score and violates my consumer rights. 

Re-Aging of Debt Reported as of XX/XX/XXXX On XX/XX/XXXX, LVNV Funding reported a debt that appears to have been re-agedan illegal practice used to artificially extend the reporting period and thereby prolong the negative impact on a consumers credit report. Re-aging debt in this manner is a clear violation of the FCRA as well as 15 U.S.C. 1692e of the Fair Debt Collection Practices Act ( FDCPA ), which prohibits the use of deceptive and misleading practices in debt collection. 

LVNV Fundings failure to validate the authenticity of this debt, despite my formal requests, compounds this violation. According to 15 U.S.C. 1692g ( b ) of the FDCPA, a debt collector must cease collection efforts and validate the debt upon the consumers request. To date, LVNV Funding has not provided adequate documentation of this debts origin, ownership, or delinquency date. This lack of response and failure to substantiate the debt as valid demonstrates willful disregard for both the FDCPA and FCRA and severely harms my consumer rights. 

Failure to Respond to Formal Debt Validation Requests In light of these irregularities, I sent LVNV Funding a formal debt validation request seeking proof of ownership, original creditor information, and documentation establishing the accurate delinquency date of these debts. Despite the requirements set forth by both the FDCPA and FCRA, LVNV Funding has refused to provide these essential details, nor have they removed the disputed items from my report. 15 U.S.C. 1681i of the FCRA compels credit furnishers to delete unverifiable items from a consumers report. LVNV Fundings non-compliance represents a deliberate breach of this legal mandate and an affront to my rights.

Company response to consumer: Closed with explanation