Product: Credit reporting or other personal consumer reports

Today is XX/XX/XXXX. I am submitting this formal dispute regarding a fraudulent account with LVNV Funding LLC that is being improperly reported on my credit file. As a victim of identity theft, I am invoking my rights under the Fair Credit Reporting Act ( FCRA ), specifically Section 605B, which requires credit reporting agencies ( CRAs ) to block and delete fraudulent accounts within four business days once proper documentation is provided. I have submitted all required documents to the CRAs, including : 1. Proof of my identity, 2. A formal notice of dispute, and 3. An FTC Identity Theft Report. Despite meeting these requirements, the CRAs have failed to block and delete the fraudulent account from XXXX XXXX XXXX within the legally required timeframe. This failure is a clear violation of FCRA Section 605B ( c ).

Under 15 U.S. Code 1681, Congress has emphasized the need for consumer reporting agencies to exercise their responsibilities with fairness, impartiality, and respect for consumers right to privacy. This includes maintaining reasonable procedures to ensure accuracy and compliance with permissible purposes outlined in 1681b. Reporting transaction history without a permissible purpose, as per 1681b ( 2 ), is not allowed. Furthermore, 1681c prohibits reporting adverse items, and 1681s-2 prohibits furnishing inaccurate information.

As defined in 15 U.S. Code 1681a, a consumer report must be used for permissible purposes only. XXXX XXXX XXXX, as a debt buyer, may report potentially inaccurate debt, which can harm my credit score. I have not authorized any additions to my consumer report without my written consent, which is a violation of 1681b. Additionally, 15 U.S. Code 1681c-2 requires CRAs to block information resulting from identity theft upon receipt of appropriate documentation. I have provided the necessary proof of identity, an identity theft report, and identified the disputed information as resulting from identity theft.

Under 15 U.S. Code 1681e, CRAs must maintain reasonable procedures to ensure accuracy and comply with permissible purposes. The failure to do so, combined with the lack of proper verification or supporting documentation from XXXX XXXX XXXX, constitutes a violation of these provisions. 
Furthermore, 15 U.S. Code 1681n provides for civil liability for willful noncompliance, entitling me to actual damages, statutory damages, and punitive damages if the violations are proven. Similarly, 1681o addresses negligent noncompliance, allowing for recovery of actual damages.

Under California law, specifically Civil Code Section 1785.25 ( a ) of the California Consumer Credit Reporting Agencies Act ( CCCRAA ), creditors are prohibited from reporting inaccurate information to CRAs. If XXXX XXXX XXXX has failed to properly investigate or verify this account before reporting it as accurate, they may also be in violation of state law.

Additionally, the Privacy Act of 1974 ( 5 U.S. Code 552a ) requires prior written consent for disclosure of records, further supporting the illegality of unauthorized additions to my consumer report.

Attachments : Proof of Identity Formal Notice of Dispute FTC Identity Theft Report Copies of FAIR CREDIT REPORTING ACT, FAIR DEBT COLLECTION PRACTICES ACT