Consumer complaint received 2025-03-07 00:00:00
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: Resurgent Capital Services L.P.
State: TX

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX, TX XXXX Email : XXXX Date of Birth : XX/XX/XXXX XX/XX/XXXX Resurgent Capital Services , L.P .

Attn : Legal Department XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Re : Cease and Desist Demand and Violation of Fair Debt Collection Laws Reference ID : XXXX Dear Sir/Madam, I am writing to formally demand that Resurgent Capital Services , L.P., acting as the managing company for LVNV Funding LLC , immediately cease and desist from all further contact with me, including attempts to collect on any debt, and from sharing or storing my personal information with any third-party entities, credit bureaus, or any other organization.

I previously sent a Cease and Desist Letter to LVNV Funding LLC and received an acknowledgment from them on XX/XX/XXXX, confirming their receipt of my request to cease any communication, the storage of my personal information, and the sharing of it with third parties, including other companies and credit bureaus. Despite this acknowledgment, I recently received a letter from Resurgent Capital Services, L.P., stating that your company is the managing entity for LVNV Funding LLC, and that this account ( Reference ID : XXXX ) has been transferred to your management. This clearly violates the cease and desist demand, and you are now unlawfully attempting to collect on an account that does not belong to me. Additionally, you have unlawfully shared my personal information with another company or entity in violation of my legal rights.

In light of the above, I am demanding that Resurgent Capital Services immediately : 1. Cease all communication with me regarding any account related to LVNV Funding LLC or any other related entities.

2. Remove any and all personal information about me from your records, credit reports, or any third-party reporting services.

3. Immediately confirm in writing that you will no longer share my personal information with any third party, including credit bureaus, collection agencies, or any other entities.

4. Cease and desist from attempting to collect any debt associated with this account, as it is not mine.

Please be advised that your actions are in direct violation of the following U.S. laws designed to protect consumers : Relevant U.S. Laws and Codes : 1. Fair Debt Collection Practices Act ( FDCPA ) - 15 U.S.C. 1692c ( c ) Under this law, once a consumer requests that a debt collector cease communication, the collector must immediately comply and may not continue attempts to contact the consumer. Your company is in violation of this provision by continuing to attempt to collect on an account and contact me after my request for cessation.

2. Fair Credit Reporting Act ( FCRA ) - 15 U.S.C. 1681 Under the FCRA, you are prohibited from sharing or reporting any information about me without my consent, especially when such information is related to an account that does not belong to me. Your actions of disclosing my personal information to a third party are a violation of this law.

3. Identity Theft and Assumption Deterrence Act - 18 U.S.C. 1028 This law protects consumers from the misuse of their personal information and identity. Sharing my personal information without my authorization, especially after I have informed your company that I am not responsible for the debt in question, is an unlawful act of identity theft.

4. Gramm-Leach-Bliley Act ( GLBA ) - 15 U.S.C. 6801-6809 The Gramm-Leach-Bliley Act protects the privacy of consumers ' financial information and prohibits financial institutions from sharing personal information without explicit consent. Your actions of transferring my information to a third party without my consent may be in violation of this law.

Demands for Immediate Action : 1. Cease all communication with me regarding this debt.

2. Confirm in writing that you have removed my information from your records.

3. Confirm in writing that you will not share my information with any third party, including credit bureaus, and that no further collections will occur regarding this account.

4. Provide a written statement confirming that this account is closed and that no further action will be taken.

If Resurgent Capital Services fails to comply with these demands within 10 business days, I will take further legal action, including filing complaints with the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), and the Texas Attorney Generals office. Additionally, I will pursue all legal remedies available to me for the unlawful sharing of my information and the continued violation of my rights under the FDCPA and FCRA.

Please take notice that this is a formal demand and that your failure to comply will not be tolerated.

Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX XXXX, TX XXXX Email : XXXX XXXX

Company response to consumer: Closed with explanation