Consumer complaint received 2024-09-29
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: Resurgent Capital Services L.P. (IL)

I am submitting this formal complaint regarding LVNV Funding LLC and XXXX for their negligent and illegal handling of my credit report. They have failed to comply with the requirements of the Fair Credit Reporting Act ( FCRA ), resulting in severe and unjust damage to my credit profile. 

Background Information : Account in Dispute : LVNV Funding LLC falsely opened a credit file in my name on XX/XX/XXXX. This account is not mine, and I have never held any financial responsibility for it. 
Dispute Initiated : I formally disputed the account with both LVNV Funding LLC and XXXX. LVNV responded by providing a credit card statement as their only means of verification, which is inadequate to prove my ownership of the account. 
Ongoing Violations : Instead of conducting a thorough investigation and removing the false information, LVNV Funding LLC and XXXX have allowed this erroneous account to remain on my credit report. 
Unlawful Reopening of File : LVNV Funding LLC closed the account and then illegally reopened it on XX/XX/XXXX, without proper justification or any new supporting evidence. This reopening violates the FCRA by continuing to report inaccurate information that is not only damaging but also never associated with me. 
Legal Violations : The Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681, provides clear guidelines that both data furnishers and credit reporting agencies must follow : Duty to Investigate : Under FCRA 1681i ( a ), XXXX is required to conduct a reasonable investigation when a consumer disputes information on their report. XXXX has failed to carry out a legitimate investigation, despite my dispute and inquiry. 
Accuracy of Information : FCRA 1681e ( b ) mandates that credit reporting agencies must report accurate information. The ongoing reporting of this false account, after inadequate verification, directly violates this requirement. 
Reopening Closed Accounts : The reopening of the account on XX/XX/XXXX, after it was previously closed, without providing new documentation or a valid basis, constitutes a willful violation of FCRA, especially given that the account was never mine. This action compounds the original error and continues to cause unjust harm. 
Failure to Properly Investigate : XXXX XXXX LLCs failure to properly investigate or provide adequate verification documents breaches FCRA 1681s-2 ( a ), which requires data furnishers to report accurate and complete information to consumer reporting agencies. 
Impact of These Violations : As a direct result of XXXX Funding LLCs and Equifaxs mishandling of my credit report, I have suffered the following damages : Lowered credit score, affecting my ability to obtain credit, loans, or favorable interest rates. 
Lost financial opportunities, including denials for credit and higher costs for credit products. 
Reputational harm due to inaccurate information being reported and shared among financial institutions. 
Requested Action : To rectify these violations, I am requesting the following immediate actions : Immediate removal of the LVNV Funding LLC account from all three credit reporting agencies ( XXXX, XXXX, and XXXX ). 
A thorough investigation of LVNV Funding LLC and XXXX actions, and enforcement of appropriate penalties for their FCRA violations. 
Compensation for damages caused by their willful and negligent reporting, including but not limited to financial harm and loss of opportunities due to the incorrect account reporting. 
Confirmation of the accounts permanent removal and correction of my credit report by providing updated reports from all three major credit bureaus. 
Conclusion : This issue has caused unnecessary XXXX XXXXnd XXXX harm due to LVNV Funding LLCs and Equifaxs negligence and failure to uphold their obligations under the FCRA. Their continued failure to remove false information, after multiple disputes, demonstrates a disregard for the law and consumer rights. 

Thank you for your attention to this matter. I expect a prompt response and resolution within the legally mandated time frame.