Debt collection -- False statements or representation -- Complaint #18638456

Complaint Overview

Complaint ID: 18638456

Company: Resurgent Capital Services L.P.

Product: Debt collection

Sub-Product: I do not know

Issue: False statements or representation

Sub-Issue: Attempted to collect wrong amount

State: Texas

ZIP Code: 774XX

Date Received: 2026-01-11T12:00:00-05:00

Date Sent to Company: 2026-01-11T12:00:00-05:00

Company Response: Closed with explanation

Timely Response: Yes

Consumer Disputed: N/A

Submitted Via: Web

Consumer Narrative

XXXX XXXX ARBITRATION DEMAND Claimant : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, TX XXXX Email : XXXX Phone : XXXX Respondent : LVNV Funding, LLC c/o Resurgent Capital Services XXXX XXXX XXXX XXXX XXXX XXXX, SC XXXX XXXX. NATURE OF THE DISPUTE This is a consumer dispute arising out of Respondent LVNV Funding, LLCs furnishing, verification, and continued reporting of inaccurate, incomplete, and unverifiable credit information concerning an alleged consumer account purportedly owed by Claimant. Despite repeated written disputes, certified correspondence, and notices of inaccuracy over the course of more than one year, Respondent has continued to report and re-verify materially inaccurate information to consumer reporting agencies and to attempt collection on an account it can not properly substantiate. Respondents conduct constitutes willful and negligent violations of the Fair Credit Reporting Act ( " FCRA '' ), 15 U.S.C. 1681 et seq., and the Fair Debt Collection Practices Act ( " FDCPA '' ), 15 U.S.C. 1692 et seq. 2. PARTIES Claimant : XXXX XXXX XXXX is a natural person and consumer as defined by the FCRA and FDCPA. Respondent : LVNV Funding, LLC is a debt buyer and furnisher of credit information that regularly engages in consumer debt collection and credit reporting nationwide. 3. JURISDICTION & ARBITRATION AGREEMENT This matter is subject to binding private arbitration pursuant to the arbitration provision governing the alleged account and/or the governing cardholder agreement associated with the original creditor. The arbitration provision permits either party to elect arbitration administered by XXXX. 1 Claimant timely elected arbitration and provided Respondent with written Notice of Intent to Arbitrate prior to filing this demand. Arbitration is proper under XXXX Consumer Arbitration Rules and Minimum Standards. 4. FACTUAL ALLEGATIONS 1. 2. 3. 4. 5. 6. 7. 8. Respondent is reporting an alleged debt in the amount of approximately {$510.00} to one or more consumer reporting agencies. Claimant has disputed the accuracy, completeness, and verifiability of the alleged account on multiple occasions, both directly with Respondent and through consumer reporting agencies. Respondent received actual notice of the disputes and was required under 15 U.S.C. 1681s-2 ( b ) to conduct a reasonable investigation and correct or delete inaccurate information. Instead, Respondent repeatedly verified the disputed information without conducting a reasonable investigation and without producing competent evidence of accuracy. Respondent has reported inconsistent, contradictory, and impossible dates regarding delinquency, charge-off, and account status. Respondent continued to report and attempt to collect the alleged debt after receiving formal disputes and validation requests. Respondent failed to provide a signed contract, full chain of assignment, or complete account-level documentation. Respondents conduct has caused Claimant actual damages including credit denials, loss of credit opportunities, increased borrowing costs, emotional distress, and significant time spent correcting errors. 5. CLAIMS FOR RELIEF Count I Fair Credit Reporting Act ( 15 U.S.C. 1681s-2 ( b ) ) Respondent failed to conduct a reasonable investigation after receiving notice of dispute from consumer reporting agencies, and failed to correct or delete inaccurate information, causing damages to Claimant. Count II Fair Credit Reporting Act ( 15 U.S.C. 1681e ( b ) ) Respondent failed to follow reasonable procedures to assure maximum possible accuracy of the information it furnished. Count III Fair Credit Reporting Act ( 15 U.S.C. 1681c ( a ) ) Respondent reported obsolete, inconsistent, and conflicting account information in violation of the FCRA. Count IV Fair Debt Collection Practices Act ( 15 U.S.C. 1692e & 1692f ) Respondent used false, misleading, and unfair means in connection with the collection of an alleged consumer debt. 2 6. DAMAGES As a direct and proximate result of Respondents conduct, Claimant has suffered : Actual damages including credit denials and increased borrowing costs Emotional distress and frustration Time and expense spent disputing and correcting inaccuracies Respondents violations were willful and/or negligent, entitling Claimant to statutory damages, actual damages, punitive damages where permitted, costs, and attorneys fees. 7. RELIEF REQUESTED Claimant respectfully requests the Arbitrator award the following relief : 1. 2. 3. 4. 5. 6. Permanent deletion of the LVNV Funding account from all consumer reporting agencies Injunctive relief prohibiting Respondent from re-reporting, selling, assigning, or transferring the alleged account Monetary damages in the amount of {$2500.00}, or such greater amount as proven at hearing Statutory damages under the FCRA and FDCPA Costs of arbitration, including JAMS filing fees and arbitrator compensation, assessed against Respondent Any additional relief the Arbitrator deems just and proper 8. GOOD FAITH CERTIFICATION Claimant certifies that this demand is filed in good faith and not for any improper purpose. DATED : ________ SIGNED : ______ XXXX XXXX XXXX

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