Being Contacted by Resurgent Capital Services or LVNV Funding? Know Your Rights
Por David A. Prado, Esq., The Prado Law Firm, LLC
Who Are Resurgent Capital Services and LVNV Funding?
LVNV Funding, LLC is a debt buyer — a company that purchases charged-off consumer debt (credit cards, retail accounts, medical bills, and similar) for pennies on the dollar and then tries to collect the full balance. LVNV Funding does not employ its own collection staff; instead, its accounts are serviced by its affiliate, Resurgent Capital Services, L.P., a licensed third-party debt collector. In practice, if LVNV Funding “owns” your debt, Resurgent is the company that will actually call, mail, or sue you.
Mailing address (consumer correspondence): LVNV Funding, LLC c/o Resurgent Capital Services P.O. Box 10497 Greenville, SC 29603-0497
Corporate address: Resurgent Capital Services, L.P. 55 Beattie Place, Suite 110 Greenville, SC 29601-5115
Phone numbers associated with this office: 1-888-665-0374 (Resurgent’s published consumer/payment line) (864) 678-8421 (listed in consumer-law directories as a Resurgent contact number)
Debt collectors frequently place outbound calls from a range of local and toll-free numbers tied to the same file, so you may see calls from numbers not listed above. If you’re unsure whether a call is legitimately connected to Resurgent or LVNV, ask the caller to identify the original creditor, the amount claimed, and to send written validation before you say anything else.
A History of Regulatory Scrutiny
LVNV Funding and Resurgent Capital Services are not strangers to government enforcement. In 2015, the pair (along with a related debt buyer) became subject to an FTC consent order stemming from allegations that they pursued debt collection lawsuits using unsubstantiated or improperly prepared court affidavits, and misidentified the actual owner of the underlying debt. Years earlier, Maryland’s Division of Financial Regulation filed a complaint (2011) alleging that LVNV Funding and Resurgent filed false and misleading statements in debt collection court filings — part of a broader pattern of state and federal scrutiny of the debt-buying industry documented by consumer advocacy groups.
What Consumers Report
Consumers describe the same set of recurring problems in complaints to the CFPB and in lawsuits: being pursued for debts they don’t recognize or already paid, being sued or threatened with suit on debt that is outside the statute of limitations, receiving collection letters before adequate validation of the debt, and continued contact after a validation request was sent. The Prado Law Firm’s own review of the CFPB Consumer Complaint Database (debt collection complaints, January 2023 to present) found LVNV Funding/Resurgent Capital Services associated with more complaints than almost any other named collector in the country — a volume that by itself does not prove any individual complaint is valid, but that reflects just how many consumers have felt compelled to report a problem.
Your Rights Under the FDCPA and TCPA
If Resurgent Capital Services or LVNV Funding is contacting you, federal law gives you real protections:
• They must send written notice of the debt, including the amount and the name of the original creditor, and honor your right to dispute it within 30 days.
• They cannot call before 8 a.m. or after 9 p.m. your local time, call you at work if you’ve said your employer prohibits it, or call repeatedly with intent to harass.
• Once you send a written request to stop contact (or tell them you’re represented by an attorney), most further contact must stop.
• They cannot threaten to sue on a debt that is legally time-barred, and in many states cannot even truthfully threaten suit at all once the statute of limitations has run.
• Robocalls or autodialed texts to your cell phone generally require your prior consent under the Telephone Consumer Protection Act (TCPA).
What To Do Next
Do not ignore a letter or lawsuit from LVNV Funding — but don’t assume it’s automatically valid, either. Request debt validation in writing, keep a log of every call (date, time, number, and what was said), and do not make a payment or promise to pay before you’ve confirmed the debt is actually yours and within the statute of limitations.
If Resurgent Capital Services or LVNV Funding has called outside legal hours, kept calling after you disputed the debt, misrepresented the amount owed, or sued you without proper documentation, you may have a claim under the FDCPA or TCPA — and in many cases, you can pursue it without paying anything out of pocket. Contact The Prado Law Firm for a free case review.