Consumer complaint received 2024-06-25
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: Resurgent Capital Services L.P. (GA)

Subject : Formal Request for Disclosure Pursuant to 15 U.S. Code 6802 and Opt-Out Notice Dear LVNV Funding LLC NOTICE TO AGENT IS NOTICE TO PRINCIPAL AND NOTICE TO PRINCIPAL IS NOTICE TO AGENT On XX/XX/year>, I mailed via certified mail a notice requesting my Disclosure pursuant to 15 U.S. Code 6802 ( b ). You have failed to provide me with the required disclosures as per federal law. The law explicitly states that before a financial institution discloses any consumer 's non-public personal information, they must give the consumer three disclosures so the consumer has an opportunity to opt out of having their information reported. 
LVNV Funding LLC knowingly, willfully, and fraudulently withheld pertinent information to suit your own agenda, forcing me to comply illegally with your reporting my non-public personal information to non-affiliated third-party companies for your own benefits and profits. This was not equitable to me, my family, or my household. 
I AM INVOKING MY SPECIFIED REMEDY THAT YOU PREVIOUSLY DENIED ME BY WITHHOLDING MY DISCLOSURES, Pursuant to 15 USC 6802 ( b ). 
PURSUANT TO 15 USC 6802 ( b ), I, XXXX XXXX XXXX. a living breathing woman, hereby exercise my right and specified remedy to OPT OUT of having this account with my non-public personal information reported. 



DELETE THE BELOW ACCOUNT FROM ALL CONSUMER REPORTING AGENCIES. 
Account Name : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX In addition, you have failed to provide me with a copy of any viable evidence bearing my signature, showing the account is being reported accurately. Be advised that the description of the procedure used to determine the accuracy and completeness of the information is hereby requested. Additionally, please provide the name, address, and telephone number of each person who personally verified this alleged account, so that I can inquire about how they verified without providing any proof bearing my signature. 
As per FTC opinion letter from Attorney XXXX XXXX XXXX, you should be aware that a printout of a bill or itemized document does not constitute verification. I am again formally requesting a copy of any documents bearing my signature, showing that I have a legally binding contractual obligation to pay you the alleged amount. 
Be aware that I am making a final goodwill attempt to have you clear up this matter. The listed item is inaccurate and incomplete and represents a very serious error in your reporting. I am maintaining a careful record of my communications with you for the purpose of filing a complaint with the Consumer Financial Protection Bureau and the Attorney Generals office, should you continue in your non-compliance with federal laws under the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, and the corresponding local state laws. I further remind you that you may be liable for your willful non-compliance.

Failure on your behalf to provide a copy of any alleged contract or other instrument bearing my signature may result in a small claims action against your company. I would be seeking a minimum of {$1000.00} in damages per violation for : Defamation Negligent Enablement of Identity Fraud Violation of the Fair Debt Collection Practices Act ( including but not limited to Section 807-8 ) Violation of the Fair Credit Reporting Act ( including but not limited to Section 623-b ) You will be required to appear in a court venue local to me to formally defend yourself. 
We are also writing to confirm that XXXX XXXX XXXX did not commit to maintaining the accuracy and integrity of the credit information reported to the credit reporting agencies ( CRAs ) in compliance with Metro 2 guidelines established by the Consumer Data Industry Association ( CDIA ). As part of fair credit reporting, they did not adhere to the following practices : 1. Accurate Data Reporting : Ensuring that the credit information reported is accurate, complete, and up-to-date, including personal information, account status, payment history, and any relevant public records.

2. Adherence to Metro 2 Guidelines : Following the detailed specifications of the Metro 2 Format to ensure data is formatted consistently and accurately.

3. Regular Updates : Updating credit information monthly to reflect the most current status of accounts.

4. Error Resolution : Establishing processes to address disputes or errors reported by consumers efficiently and promptly, investigating claims thoroughly, and making necessary corrections in a timely manner.

5. Compliance with Regulations : Adhering to all relevant laws and regulations, including the Fair Credit Reporting Act ( FCRA ), governing the reporting and handling of consumer credit information.

6. Ongoing Training and Monitoring : Ensuring staff undergoes regular training to stay updated on Metro 2 compliance requirements, and continually monitoring processes to ensure ongoing compliance. 
Considering these discrepancies and the forgery of my signature, I assert that XXXX XXXX XXXX XXXX XXXX is in violation of the following federal laws : P.S. Please be aware that depending upon your response, I may detail any potential issues with your company via an online public press release, including documentation of any potential small claims action. 
CC : Consumer Financial Protection Bureau CC : Attorney Generals Office CC : XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( All Rights Reserved )