Consumer complaint received 2025-03-05 00:00:00
Product: Debt collection — I do not know
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: OH

Complaint narrative:
DO NOT REPLY TO THIS COMPLAINT STATING THAT YOU HAVE I ADDRESSED MY CONCERNS ALREADY. I am filing this formal complaint against LVNV Funding, LLC ( " LVNV '' ) and Resurgent Capital Services L.P. ( " Resurgent '' ) for their repeated failure to comply with the Fair Debt Collection Practices Act and Fair Credit Reporting Act. The disputed accounts are as follows : Account Number : XXXX Account Number : XXXX. Previous CFPB complaints regarding these accounts include XXXX # XXXX and XXXX # XXXX. Despite multiple disputes, LVNV and Resurgent have failed to adequately validate the debts or provide documentation proving their ownership and right to report or collect on these accounts. 

LVNV and Resurgent have violated federal laws by relying solely on billing statements to validate the debt. Billing statements are insufficient to establish the legal burden of proof for debt ownership or collection rights. These failures constitute clear violations of FDCPA, FCRA, and consumer rights protections. Under FDCPA, 15 U.S.C. 1692g ( b ), debt collectors must provide sufficient validation of the debt when requested. Despite multiple disputes, LVNV and Resurgent only provided billing statements, which do not satisfy the legal standard for validation. Case precedent, such as XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  emphasizes that the collector must provide detailed evidence that substantiates the debt and its ownership. LVNVs reliance on billing statements alone fails to meet this standard, leaving the debts legitimacy unverified. 

Additionally, the billing statement they provided lists the name XXXX XXXX, whereas my name is XXXX XXXX. This is a clear case of mistaken identity. Furthermore, I reside in Ohio, not New York, where LVNV is attempting to collect the debt. LVNV has not provided any proof that they have the legal authority to collect debts across state lines or within Ohio. Their failure to verify the correct debtor and their attempt to collect a debt in a state where I do not reside or have any affiliation raises serious legal concerns. I request clarification on whether LVNV is authorized to pursue this debt in Ohio and whether they are legally permitted to collect a debt in a state where the alleged debtor does not reside. 

Under FCRA, 15 U.S.C. 1681s-2 ( b ), furnishers of credit information must verify the accuracy of reported information, including proof of ownership. LVNV has not provided an unbroken chain of assignment from the original creditor to LVNV. This lack of documentation violates FCRAs requirement for accurate reporting and undermines the legitimacy of LVNVs claims. As seen in XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX XXXX ), a failure to produce the chain of assignment can render collection and reporting activities unlawful. Case law, such as XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX ( XXXX ), underscores the necessity for furnishers to ensure accurate reporting and ownership verification. LVNVs failure to meet this burden of proof has caused significant harm by misrepresenting the debts validity. Billing statements alone do not establish LVNVs ownership of the debt or its legal right to report it to credit bureaus. 

LVNV continues to report these accounts to credit bureaus despite lacking adequate validation and ownership documentation. This violates FCRA, 15 U.S.C. 1681n ( willful noncompliance ) and 15 U.S.C. 1681o ( negligent noncompliance ). Reporting unverifiable debts constitutes a willful misrepresentation of the accounts and may also violate identity theft protections under applicable federal laws. In response to CFPB complaints # XXXX and # XXXX, LVNV merely repeated their inadequate responses by providing billing statements without additional documentation. This failure to adequately address prior disputes violates the principles of the FCRA and FDCPA. 

LVNV and Resurgents continued reporting and collection efforts, despite failing to meet the burden of proof, are clear violations of my rights under FCRA and FDCPA. These actions have caused undue harm, including damage to my credit score and emotional distress. I respectfully urge the CFPB to investigate these matters thoroughly and hold LVNV and Resurgent accountable for their noncompliance with federal law.

Company response to consumer: Closed with explanation