Consumer complaint received 2025-01-29 00:00:00
Product: Debt collection — I do not know
Issue: Communication tactics — You told them to stop contacting you, but they keep trying
Company: Resurgent Capital Services L.P.
State: TX

Complaint narrative:
LVNV Funding, LLC Attn : Legal Department XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX SC XXXX Subject : **Cease and Desist Demand Regarding Collection Practices and Credit Reporting** To Whom It May Concern, I am writing to formally demand that LVNV Funding, LLC immediately cease and desist all collection efforts, communications, and any other activities related to the alleged debt associated with account numbers [ XXXX, XXXX ]. This request includes both direct collection efforts and any communication with credit reporting agencies. This demand is made pursuant to the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692, and applicable state laws.

# # # 1. **Lack of Verification and Disputed Debt** I dispute the validity of this debt and request that you provide me with verification of the debt as required under 15 U.S.C. 1692g ( b ). Until such verification is provided, I demand that you cease all collection activities, including reporting to credit bureaus.

Failure to respond to this request within 30 days will be considered a violation of the FDCPA. As established in *XXXX XXXX XXXX XXXX**, XXXX XXXX XXXXXXXX XXXX XXXX XXXX ( XXXX XXXX XXXX XXXX XXXX ), a debt collector 's failure to verify a disputed debt renders further collection activitiesincluding credit reportingunlawful.

# # # 2. **Cease Communication with Credit Bureaus** I also demand that you immediately cease all communication and reporting to any and all credit bureaus regarding this disputed debt. Pursuant to **15 U.S.C. 1692e**, debt collectors are prohibited from using false, deceptive, or misleading representations in connection with the collection of a debt. Reporting a disputed debt to credit bureaus without verification of the debt violates these provisions. 

In **XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX XXXXXXXX ), the XXXX XXXX ruled that debt collectors can not continue reporting information to credit bureaus without verifying the debt upon the consumers request. I am formally requesting that LVNV Funding halt all credit reporting on this account until verification is provided. 

# # # 3. **Unlawful Communication Practices** I further demand that all communications from LVNV Funding to me, including phone calls, emails, or written correspondence, cease immediately. The FDCPA specifically prohibits harassment or abusive practices, including repeated or continuous phone calls with the intent to annoy, abuse, or harass the consumer. See XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ), where the Court affirmed that debt collectors can not use deceptive or coercive tactics in attempts to collect a debt.

If LVNV Funding continues with any form of communication or attempts to collect this debt without providing the proper validation as required by law, I will consider this a direct violation of the FDCPA and will pursue all available legal remedies, including filing a formal complaint with the Consumer Financial Protection Bureau ( CFPB ) and the state Attorney Generals office.

# # # 4. **Failure to Provide Proof of Ownership of the Debt** If LVNV Funding does not provide the required documentation proving that it owns the debt and has the legal standing to collect on it, you are legally obligated to cease and desist any collection activities and credit reporting. As stated in *XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ( XXXX XXXX XXXX ), debt collectors must provide clear evidence of ownership and the right to collect a debt upon request.

# # # 5. **Notification of Intent to Pursue Legal Remedies** If this matter is not resolved in accordance with applicable law, I reserve the right to take legal action, which may include but is not limited to filing a lawsuit for violations of the FDCPA, seeking actual damages, statutory damages, and attorneys fees as outlined in 15 U.S.C. 1692k. Additionally, if you fail to cease reporting this debt to the credit bureaus, I will consider it a direct violation of my rights and will take further legal action.

Please be advised that if LVNV Funding does not comply with this demand and continues its collection efforts or reports this disputed debt to any credit bureaus, I will pursue all available remedies, including seeking damages under the FDCPA and other applicable laws.

I require a written response to this request within 15 days from the date of this letter. Any failure to respond or continued communication will be interpreted as a violation of my rights under the FDCPA and other applicable laws.

Sincerely, -- - Cease Reporting to Credit Bureaus** : This section explicitly demands that LVNV Funding stop reporting the disputed debt to credit bureaus until proper verification is provided.

Legal Reference** : The reference to **15 U.S.C. 1692e** reinforces that reporting inaccurate or unverifiable information to credit bureaus constitutes a violation of the FDCPA.

Company response to consumer: Closed with explanation