Consumer complaint received 2023-10-12
Company: Resurgent Capital Services L.P.
State: CT
Product: Debt collection
Sub-product: I do not know
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
I noticed an account on my credit reports from a company called LVNV FUNDING LLC that I had no business relationship with. LVNV FUNDING LLC was attempting to collect on a an alleged debt in the amount of {$900.00}. I have had my identity stolen and sent LVNV FUNDING LLC a letter via certified mail XXXX, XXXX  notifying them about this fraudulent account including a copy of my Identity Theft report asking them to please delete the fraudulent account from my credit reports. I also disputed this fraudulent LVNV FUNDING LLC account with the credit bureaus. LVNV FUNDING LLC however continued reporting this fraudulent LVNV FUNDING LLC account with the credit bureaus. I noticed LVNV FUNDING LLC still reporting this fraudulent LVNV FUNDING LLC account with the credit bureaus after I notified them about the identity theft. I then sent LVNV FUNDING LLC a DEBT VALIDATION LETTER via certified mail XXXX, XXXX  requesting the agreement between LVNV FUNDING LLC and myself and the original application for the account. LVNV FUNDING LLC violated the FCRA 15 U.S.C. 1681g ( d ) by failing to provide the evidence requested after being notified about the identity theft. FCRA 15 U.S.C. 1681g ( e ) states .... a business entity that has provided credit to, provided for consideration products, goods, or services to, accepted payment from, or otherwise entered into a commercial transaction for consideration with, a person who has allegedly made unauthorized use of the means of identification of the victim, shall provide a copy of application and business transaction records in the control of the business entity, Pursuant to the FDCPA 15 U.S.C. 1692g ( b ) LVNV FUNDING LLC was required to cease collection efforts until the alleged debt was validated but failed to do so. LVNV FUNDING LLC continued reporting the alleged debt to the credit bureaus in its attempts to collect on the alleged debt thereby violating the FDCPA 15 U.S.C. 1692g ( b ). I saw the fraudulent LVNV FUNDING LLC account XX/XX/2023 on my credit reports. I then sent LVNV FUNDING LLC a FAILURE TO RESPOND letter via mail XX/XX/2023. LVNV FUNDING LLC violated the FDCPA 15 U.S.C. 1692e ( 2 ) In its attempt to collect on an alleged debt by falsely representing the character, amount, or legal status of any debt. LVNV FUNDING LLC violated the FDCPA 15 U.S.C. 1692f In their attempts to collect on the alleged debt by collecting an amount that was not expressly authorized by an agreement creating the debt or permitted by law. LVNV FUNDING LLC violated the FDCPA 15 U.S.C. 1692g ( b ) by not ceasing collection efforts until the debt was validated. Case law is well settled that reporting an alleged debt to the credit reporting agencies is " an attempt to collect on a debt ''. Pursuant to the FDCPA 15 U.S.C. 1692g ( b ) LVNV FUNDING LLC was required to cease collection efforts until the alleged debt was validated but failed to do so. LVNV FUNDING LLC continued reporting the alleged debt to the credit bureaus in its attempts to collect on the alleged debt thereby violating the FDCPA 15 U.S.C. 1692g ( b ). Additionally, LVNV FUNDING LLC FAILED TO RESPOND to the DEBT VALIDATION LETTER within 30 days causing me to send a LVNV FUNDING LLC letter via certified mail XX/XX/. LVNV FUNDING LLC violated the FCRA 15 U.S.C. 1681i by not validating the alleged debt within 30 days. I saw the fraudulent LVNV FUNDING LLC account XX/XX/XXXX  on my credit reports and it is still there as of this filing.

Company response to consumer: Closed with non-monetary relief