Consumer complaint received 2023-06-25
Company: Resurgent Capital Services L.P.
State: FL
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
In accordance with the Fair Credit Reporting act. I am disputing the following collection efforts being pursued by LVNV FUNDING LLC /RESURGENT CAPITAL SERVICES Acct # XXXX, in the amount of {$2500.00}. 

LVNV FUNDING LLC /RESURGENT CAPITAL SERVICES continues to report inaccurate, negative and derogatory remarks. The reporting of this inaccurate account has caused me severe damage to my character, as well as hurting my reputation, my general mode of living and my ability to obtain credit obligations for personal purposes. 

I have contacted them multiple times to remove this inaccurate, negative and derogatory remarks this from credit report and have not received any response. Additionally, I would like to emphasize that I have never had a contract with them or have done business with LVNV FUNDING LLC, and I have no legal obligation with this company There are several violations of the Fair Debt Collection Practices Act ( FDCPA ) committed by LVNV FUNDING LLC. 

LVNV FUNDING LLC has violated the following provisions of the FCRA : 15 USC 1681a ( 2 ) ( a ) ( i ) states the consumer reporting agencies can furnish a reporting under the following instructions : in accordance with the written instructions of the consumer to whom it relates. I never gave them written instructions to report the accounts listed above to my consumer report. 

15 USC 1681 section 602 A ( 4 ) states I have the right to privacy.

15 USC 1681s-2 ( A ) states that A person shall not furnish any information relating to consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate.

18 USC 1028A- AGGRAVATED IDENTITY THEFT ( 1 ) In general. 

Whoever, during and in relation to any felony violation enumerated in subsection ( c ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years. 

( 2 ) Terrorism offense.

Whoever, during and in relation to any felony violation enumerated in section 2332b ( g ) ( 5 ) ( B ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person or a false identification document shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 5 years.

As well as the following below : LVNV FUNDING LLC has violated the following provisions of the FDCPA : 1. Section 807 ( 2 ) ( A ) - Communication : LVNV FUNDING LLC has engaged in communication that could be considered harassing, oppressive, or abusive in their collection attempts. They have made repeated contact attempts without providing adequate verification of the debt or demonstrating their legal authority to collect.

2. Section 807 ( 3 ) - False Representation : LVNV FUNDING LLC has falsely represented themselves as the original creditor. They are a debt buyer or collection agency that has acquired the debt from the original creditor. This misrepresentation is misleading and violates the FDCPA.

3. Section 809 ( b ) - Validation of Debts : LVNV FUNDING LLC has failed to provide proper validation of the alleged debt upon my request. The FDCPA grants consumers the right to request validation of debts, and LVNV FUNDING LLC has not provided any substantial evidence that they are the rightful owner of the debt or that I am legally obligated to pay them.

Furthermore, LVNV FUNDING LLC is collection agency who states that I have an alleged debt with them. They are a debt buyer or collection agency that has acquires debt from possible original creditors. As such, they have no inherent rights or legal standing to pursue collection efforts against me.

Company response to consumer: Closed with explanation