LVNV Funding purchases portfolios of consumer debt throughout the United States. Resurgent Capital Services is the company that services LVNV debt, so do not be surprised to hear from Resurgent via the collection stage, and to see LVNV’s name as the Plaintiff on a lawsuit.
Address: 12650 Ingenuity Drive, Orlando, FL 32878
As with virtually all debt buyers, LVNV or it’s third party collectors are very aggressive in the pre-litigation stage of the collection process. Possibly too aggressive. LVNV has been accused of deceptive and harassing collection techniques on more than one occasion. Further, LVNV consistently reports the delinquent debt on a consumers credit report without doing much in the way of verifying the debt. This is both a potential Fair Debt Collection Practices Act, and Fair Credit Reporting Act claim.
Some other common techniques that LVNV has been accused of using in the past are as follows:
Pretending to be an attorney when the 3rd party collector you are speaking with is not an attorney,
Threatening legal action without the intention to bring a lawsuit,
Repeatedly calling your friends, co-workers, family and disclosing information regarding your debt,
Indicating that you will be arrested.
The deceptive techniques that debt buyers use in order to collect debts are endless. If you are contacted by LVNV, Resurgent, or another third party debt collector, it is advisable to call an attorney immediately. There are numerous ways of dealing with LVNV in the pre-litigation period including sending a representation letter to LVNV putting it on notice that you are now represented by an attorney. This should stop the collection calls immediately, and if they continue to call, you now have a potential Fair Debt Collection Practices Act claim against LVNV and/or the collector that did not abide by the direction to only communicate with the attorney.
If LVNV brings a lawsuit against you to recover the alleged debt, you should immediately contact an attorney. There are many defenses to an LVNV lawsuit, and oftentimes, when an experienced consumer law attorney examines LVNV lawsuit and the collection efforts leading up to the lawsuit, they are able to find counterclaims based on the FDCPA or the FCRA.