Consumer complaint received 2026-05-14 00:00:00
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: Resurgent Capital Services L.P.
State: CA

Complaint narrative:
I am submitting this formal complaint against LVNV Funding LLC and Resurgent Capital Services for violations of the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692 et seq., the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq., and California debt collection laws ( Cal. Fin. Code 100000 et seq. ; Cal. Civ. Code 1785 et seq. ) regarding a NEW collection account that appeared on my XXXX credit report on XX/XX/XXXX the day AFTER I mailed my original 1692g validation demand covering six other LVNV accounts. Account : LVNV Funding LLC / Original Creditor : XXXX XXXX XXXX XXXX XXXX XXXX XXXX Balance : {$1500.00} ( 100 % past due as of XX/XX/XXXX ) / Date Opened : XX/XX/XXXX / Balance Updated : XX/XX/XXXX / Bureaus Reporting : XXXX ONLY not found on XXXX or XXXX as of XX/XX/XXXX. Date of Written 1692g Validation Demand Sent : XX/XX/XXXX, via USPS Certified Mail with Return Receipt Requested, to LVNV Funding LLC c/o Resurgent Capital Services , XXXX. XXXX XXXX, XXXX, SC XXXX. Expected delivery : XX/XX/XXXX. XXXX validation deadline : XX/XX/XXXX. Upon receipt of my XX/XX/XXXX written dispute, LVNV Funding LLC and Resurgent Capital Services are required under FDCPA 1692e ( 8 ) to immediately flag this account as " disputed '' at all three credit bureaus. This obligation applies upon receipt of any written dispute and is NOT limited to a 30-day window. Failure to flag this account as disputed is a separate FDCPA 1692e ( 8 ) violation at up to {$1000.00} per bureau up to {$3000.00} across all three bureaus under 15 U.S.C. 1692k, plus actual damages and attorney fees. SPECIFIC VIOLATIONS : 1. FDCPA 1692e ( 8 ) FAILURE TO FLAG ACCOUNT AS DISPUTED. Upon receipt of my XX/XX/XXXX written dispute, LVNV Funding LLC and Resurgent Capital Services must immediately flag Account # XXXX as " disputed '' at XXXX, XXXX, and XXXX. Each failure to flag constitutes a separate 1692e ( 8 ) violation at up to {$1000.00} per bureau. Each new adverse XXXX XXXX update transmitted on a known-disputed account is an additional separate violation. See XXXXXXXX XXXX XXXXXXXX, XXXX XXXX XXXX ( XXXX XXXX XXXXXXXX ) ; XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX XXXXXXXX ). 2. ACCOUNT APPEARED ON XXXX ONLY XX/XX/XXXX ONE DAY AFTER ORIGINAL VALIDATION DEMAND FCRA 1681e ( b ). This account appeared on my XXXX credit report on XX/XX/XXXX one day after I mailed a formal 1692g validation demand covering six other LVNV accounts. This account is reporting on XXXX ONLY. It does not appear on XXXX or XXXX as of XX/XX/XXXX. If this is a valid collectible debt, it must be reported consistently and accurately across all three bureaus or not reported at all. Selective single-bureau reporting creates an asymmetric and materially misleading credit profile an independent FCRA 1681e ( b ) violation. See XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX XXXX ) ( technically accurate data creating a materially misleading impression is actionable under 1681e ( b ) ) ; XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX XXXXXXXX ). 3. DATE OF FIRST DELINQUENCY ( DOFD ) NOT DISCLOSED FCRA 1681c ( a ) ( 4 ) AND 1681s-2 ( a ) ( 5 ). The Date of First Delinquency with XXXX XXXX XXXX XXXX is not shown on my XXXX credit report. The DOFD controls the 7-year credit reporting clock under FCRA 1681c ( a ) ( 4 ) and can not be substituted with the date LVNV acquired the account ( XX/XX/XXXX ). Per CFPB Advisory Opinion, 89 Fed. Reg. 4171 ( XXXX XXXX, XXXX ), DOFD disclosure is mandatory. LVNV had an independent duty under FCRA 1681s-2 ( a ) ( 5 ) to report the DOFD to all three bureaus within 90 days of acquiring this account. Failure to disclose the DOFD is a standalone violation on each bureau where the account appears. 4. NO PAYMENT HISTORY FOR JXXXX, XXXX, OR XX/XX/XXXX FCRA 1681g AND 1681e ( b ). My XXXX report generated XX/XX/XXXX shows the following payment history for this account : XX/XX/XXXX : Data Unavailable / XX/XX/XXXX : Data Unavailable / XX/XX/XXXX : Data Unavailable / XX/XX/XXXX : C ( Collection ). Three consecutive months of " Data Unavailable '' prevents independent verification of the account 's origin, the amount claimed, and whether any payments have been credited. Incomplete payment history is an independent FCRA 1681g and 1681e ( b ) violation. See XXXX XXXX XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX ( XXXX XXXX XXXX ) ( furnisher must transmit XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX v. XXXX XXXX Bank, XXXX XXXX XXXX ( XXXXXXXX XXXX XXXXXXXX ) ( furnisher must investigate each specific inaccuracy ). 5. CHAIN OF TITLE FROM XXXX XXXX XXXX XXXX TO LVNV NOT DOCUMENTED FDCPA 1692g AND CFPB REGULATION F, 12 C.F.R. 1006.34. LVNV Funding LLC is reporting a collection account for an Apple Card originally issued by XXXX XXXX XXXX XXXX. No documentation has been provided showing : ( a ) the date this specific account was assigned from XXXX XXXX XXXX XXXX to LVNV Funding LLC ; ( b ) the purchase agreement or bill of sale ; or ( c ) evidence that LVNV Funding LLC is the current legal holder in due course with standing to collect. A form letter restating a balance is not validation under CFPB Regulation F, 12 C.F.R. 1006.34 ( 2021 ). See XXXX XXXX Resurgent Capital Services/ LVNV LLC ( XXXX ) specifically naming Resurgent Capital Services, finding that continued collection activity on disputed accounts constitutes an independent FDCPA violation. 6. ORIGINAL BALANCE EQUALS CURRENT BALANCE NO PAYMENTS CREDITED FCRA 1681e ( b ). The original balance ( {$1500.00} ) equals the current claimed balance ( {$1500.00} ). No payments are credited or documented. No itemized breakdown of principal, interest, fees, or collection charges has been provided. Per the Inter-agency FACTA Rule, 74 Fed. Reg. 31484 ( XXXX ), and Regulation V, 12 CFR 1022.42, accuracy and integrity are required in all data transmitted to credit bureaus. See XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX XXXX ). 7. CALIFORNIA DFPI LICENSING Cal. Fin. Code 100000 et seq. LVNV Funding LLC and Resurgent Capital Services must hold valid California DFPI debt collector licenses to collect from California consumers. License numbers have not been provided despite demand in my XX/XX/XXXX validation letter. Collection activity without a valid California DFPI license is an independent state enforcement violation. I am requesting the CFPB confirm LVNV Funding LLC 's and Resurgent Capital Services ' California DFPI license status. 8. XXXX XXXX RESURGENT CAPITAL SERVICES/ LVNV LLC ( XXXX ). This case specifically names Resurgent Capital Services and LVNV as respondents and found that continued collection activity on disputed accounts constitutes an independent FDCPA violation. I am requesting the CFPB take this precedent into account in evaluating this complaint. 9. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX ). Reckless disregard of a consumer 's rights satisfies the willfulness standard under FCRA 1681n, entitling the consumer to statutory damages of {$100.00} {$1000.00} per violation without proof of actual damages, plus punitive damages and attorney fees. LVNV 's simultaneous failure to disclose DOFD, failure to report complete payment history, and selective single-bureau reporting collectively constitute reckless disregard. 10. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX v. XXXX 'S XXXX, XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ). Proof of actual damages is not required for statutory damages under the FCRA. Each willful violation entitles me to {$100.00} {$1000.00} per violation per bureau without any showing of harm. 11. XXXX XXXX XXXX XXXX XXXX XXXXXXXX ( XXXX XXXX. XXXX ). A furnisher can not refuse an indirect dispute forwarded by a credit bureau. Upon receipt of any ACDV from XXXX, XXXX, or XXXX regarding this account, LVNV must conduct a reasonable investigation of each specific inaccuracy identified. A generic " verified '' response that does not address the specific disputes stated herein is itself an independent violation. See CFPB v. XXXX XXXX XXXX XXXX ( XXXX ) ( furnisher investigation inadequate where specific claims not individually addressed ). 12. XXXX XXXX XXXX / XXXX, XXXX XXXX XXXX XXXX XXXX. California CCRAA violations are independently recoverable without proof of actual damages. As a California consumer, I am entitled to pursue claims under Cal. Civ. Code 1785 et seq. in addition to federal FCRA claims. CFPB enforcement of FCRA violations against furnishers reporting to California consumers should account for the parallel California enforcement framework.

Company response to consumer: Closed with explanation