Consumer complaint received 2025-03-07 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: NY

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX LVNV FUNDING LLC CARE OF RESURGENT CAPITAL SERV XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Dear LVNV FUNDING LLC, I am writing to inform you, with a sense of disappointment, that there are inaccuracies in the information being reported on my credit profile. I must admit, I am feeling quite irate at the moment, however, I believe in giving the benefit of the doubt. I have faith that you will rectify this matter promptly. 

Here 's the wrong info : LVNV FUNDING LLC - XXXX XXXX The term that is being reported is reporting inaccurately- This is not mine - please remove this inaccuracy from my report Untruthful tardy payments such as these are hindering me from securing credit that I am endeavoring to apply for as it is significantly diminishing my credit score. I have conversed with professionals who have advised me that there are regulations in place to prohibit the reporting of false credit information. 

Upon thorough examination of my privileges, I have discovered that the Fair Credit Reporting Act prohibits you from unjustly targeting blameless, deserving individuals by disseminating inaccurate and mistaken details. In accordance with the Fair Credit Reporting Act, the following pertains to me : FCRA 623 ( a ) ( 8 ) Infringement on the Consumer 's Ability to Confront Information Directly with the Furnisher ( A ) In general. The Federal banking agencies, the National Credit Union Administration, and the Commission shall collectively establish guidelines that will dictate when a furnisher must conduct a re-investigation of a dispute regarding the correctness of details included in a consumer report on the consumer, following a direct appeal from the consumer. 

( B ) Considerations. When formulating regulations pursuant to subparagraph ( A ), the agencies must carefully consider : ( i ) the advantages to consumers versus the burdens on furnishers and the credit reporting system ; ( ii ) the effect on the overall precision and credibility of consumer reports stemming from any such mandates ; ( iii ) whether direct interaction by the consumer with the furnisher is likely to lead to the speediest resolution of any such disagreement ; and ( iv ) the potential repercussions on the credit reporting mechanism if credit repair entities, as delineated in section 403 ( 3 ), including organizations that would qualify as a credit repair entity if not for section 403 ( 3 ) ( B ) ( i ), find ways to evade the restriction in subparagraph ( G ).

( D ) Relevance. Subparagraphs ( E ) through ( H ) are mandatory for every situation outlined in the guidelines established under subparagraph ( B ).

( D ) Demanding a notice of disagreement- An enraged consumer who desires to challenge the veracity of information shall issue a disagreement notice directly to such individual at the location designated by the individual for such notifications that : ( i ) vehemently points out the precise information that is under dispute ; ( ii ) articulates the rationale for the dispute; and ( iii ) provides all necessary supporting documentation as requested by the furnisher to validate the dispute. 

( E ) Obligation of individual upon receiving notification of disagreement. Upon reception of a notification of disagreement from a consumer as per subparagraph ( D ), the individual who furnished the disputed information to a consumer reporting agency must : ( i ) initiate a rigorous investigation into the disputed information ; ( ii ) meticulously examine all relevant data provided by the consumer in the notice; ( iii ) diligently carry out a comprehensive investigation of the dispute and present the findings to the consumer prior to the expiration of the timeframe specified in section 611 ( a ) ( 1 ) during which a consumer reporting agency would need to finalize its actions if the consumer had chosen to challenge the information under said section ; and ( iv ) in the event that the investigation reveals the reported information to be erroneous, expeditiously notify every consumer reporting agency that received the inaccurate information from the person of this determination and furnish the agency with any necessary corrections to ensure the accuracy of the information provided by the person. 

( F ) Frivolous or Irrelevant Dispute ( i ) In general. This paragraph shall not apply if the person receiving a notice of a dispute from a consumer reasonably determines that the dispute is infuriating or nonsensical, including -- ( I ) by reason of the failure of a consumer to provide sufficient information to investigate the disputed information; or ( II ) the submission by a consumer of a dispute that is remarkably similar to a dispute previously submitted by or for the consumer, either directly to the person or through a consumer reporting agency under subsection ( b ), with respect to which the person has already fulfilled the person 's duties under this paragraph or subsection ( b ), as applicable.

( ii ) Notice of determination. Upon making any determination under clause ( i ) that a dispute is infuriating or nonsensical, the person shall notify the consumer of such determination not later than 5 business days after making such determination, by mail or, if authorized by the consumer for that purpose, by any other means available to the person.

( iii ) Contents of notice. A notice under clause ( ii ) shall include -- ( I ) the reasons for the determination under clause ( i ) ; and ( II ) identification of any information required to investigate the disputed information, which may consist of a standardized form describing the general nature of such information.

FCRA 623 ( a ) ( 7 ) Negative Information ( A ) Declaration of Mandatory Communication ( i ) In strict compliance. If any financial institution that grants credit and routinely and as part of its normal operations discloses information to a consumer reporting agency described in section 603 ( p ) discloses adverse information to such an agency regarding credit granted to a patron, the financial institution shall issue a formal notice of such disclosure of adverse information, in writing, to the patron.

( ii ) Notice remains in force for subsequent submissions. Subsequent to issuing such notice, the financial institution is permitted to submit further adverse information to a consumer reporting agency described in section 603 ( p ) concerning the same transaction, credit extension, account, or patron without providing additional notice to the patron.

( B ) Urgency of Notification ( i ) Absolutely imperative. The notification mandated under subparagraph ( A ) shall be imparted to the customer before, or at the very latest 30 days after, submitting the unfavorable information to a consumer reporting agency as stipulated in section 603 ( p ).

( ii ) Harmonization with fresh account disclosures. Should the notification be conveyed to the customer prior to submitting the adverse information to a consumer reporting agency, the notification can not be integrated into the preliminary disclosures dispensed under section 127 ( a ) of the Truth in Lending Act.

I have discovered that in accordance with the updated FCRA regulations, you are obligated to furnish me with documentation pertaining to the data that you are submitting to the credit bureaus. 

Upon reviewing my most recent credit report, I am outraged to discover the presence of derogatory information. It is profoundly disturbing that I have not received any communication from your organization regarding these modifications to my report. Per the Fair Credit Reporting Act, you are obligated to furnish me with this data within 30 days, considering I have not been informed previously. I must insist that you promptly eliminate this entry from my credit record due to your neglectful actions and blatant violation of credit reporting regulations. While I am not inclined towards litigation, I am prepared to take necessary measures to address this matter. 

I am hereby demanding, in formal writing, that any further phone communication from your establishment to my residence or workplace cease immediately. Should your establishment persist in making phone calls to me, it will be viewed as harassment and legal action will be pursued. All forthcoming correspondence must be in written form and mailed to the specified address in this correspondence. 

I strongly urge you and your client to ensure that your records are complete before I am compelled to pursue legal recourse. 

In brief : Conveying deceitful or erroneous details, and neglecting to inform me about them both represent a BREACH OF The Fair Credit Reporting Act. 

I insist that you rectify my account to reflect as " paid as agreed - never tardy '' OR eliminate this account from my record, or I will pursue legal recourse and redress, as I comprehend it is within my entitlement to do so if you unjustly target me by disseminating erroneous details about me to the credit agencies. I express my disapproval of your actions! 



XXXX XXXX : IRS, Department of Justice, Securities and Exchange Commission, Consumer Financial Protection Bureau, Federal Reserve XXXX Department of Education, Federal Trade Commission, Office of the Comptroller of the Currency, XXXX XXXX XXXX, Attention : Customer Service Department XXXX XXXX XXXX XXXX XXXX XXXX Dear LVNV FUNDING LLC XXXX XXXX XXXX XXXX XXXX XXXX I am writing to formally dispute the collection account reported by LVNV Funding LLC XXXX which is currently listed on my credit report. Under the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692 ( c ), I request that this account be removed from my credit report. 

This request is based on the following points : Disputed Debt : I do not recognize this debt as valid, and I dispute that I owe any amount to LVNV Funding LLC. 

Verification Request : As required by the FDCPA, I request that you provide documentation verifying the debt, including a copy of the original contract or agreement showing my signature ( or proof of the obligation ), the original creditors details, and the current balance owed. If you are unable to verify the debt, I request that it be removed from my credit report immediately.

Cease Reporting : Under U.S.C. 1692 ( c ), if the debt is not verified, I request that LVNV Funding LLC cease reporting this item to any credit bureaus and remove it from my credit file.

I would appreciate prompt attention to this matter, as the continued reporting of this collection account is adversely affecting my credit score. 

Please respond in writing within 30 days of receiving this letter, as stipulated by the Fair Debt Collection Practices Act. If you do not provide verification of this debt, I request that the account be deleted from my credit history immediately. 

Thank you for your cooperation.

Company response to consumer: Closed with non-monetary relief