Consumer complaint received 2024-08-13
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: Resurgent Capital Services L.P. (GA)

I am filing this complaint to inform you that Resurgent Capital Services/LVNV Funding LLC has unlawfully reported several collections on my XXXX, XXXX, and XXXX consumer reports. I have not given permission for Resurgent Capital Services/LVNV Funding LLC to access my consumer report, and there is no proof of permissible purpose and the general or specific certifications required by law for this collection to be parked on my consumer reports. I am a victim of identity theft. I have filed an identity theft report with my local police department and the FTC. ( see Evidence ) I have not initiated any transaction with Resurgent Capital Services/LVNV Funding LLC . I wrote to Resurgent Capital Services/LVNV Funding LLC on XX/XX/XXXX [ certified mail # XXXX ] and again on XX/XX/XXXX [ certified mail # XXXX ] to resolve this issue to no avail ( See Evidence ). I have requested the validation of debt pursuant 12 CFR 1006.34 and to date Resurgent Capital Services/LVNV Funding LLC has provided no such validation. I requested Resurgent Capital Services/LVNV Funding LLC to cease and desist reporting this information, and they have not. I am also requesting for the general or specific certifications pursuant to Rule 1002 required by 15 U.S.C. 1681b ( f ) to establish permissible purpose and compliance to furnish any information on my consumer reports for each date, and each consumer reporting agency that Resurgent Capital Services/LVNV Funding LLC has furnished this information. Furthermore, all of these alleged, negative, unvalidated accounts listed on my consumer reports have caused reputational, emotional, physical, and economic harm., therefore, I am requesting the tracking number and certified mail receipt of the notice of negative information that was to be provided to me, in writing, as required by 15 U.S.C. 1681s-2 ( a ) ( 7 ) ( A ) within the timeframe established by 15 U.S.C. 1681s-2 ( a ) ( 7 ) ( B ), prior to or no later than 30 days after Resurgent Capital Services/LVNV Funding LLC furnished any negative information on my consumer reports, also pursuant Rule 1002. Likewise, I am requesting my disclosures pursuant 15 U.S.C. 6803 ( a ) with the tracking number and certified mail receipt. For clarity, I am requesting actual proof of compliance with the procedures of the FCRA, the FDCPA, as well as permissible purpose.

Details of Violation : Collection Accounts : XXXX, XXXX, XXXX XXXX, XXXX XXXX, XXXX ( this account is listed twice on XXXX ) Consumer Reporting Agency : XXXX ( XXXX violations ), XXXX ( XXXX violations ), XXXX ( XXXX violations ) 15 U.S. Code 1681b - Permissible purposes of consumer reports ( f ) Certain use or obtaining of information prohibited A person shall not use or obtain a consumer report for any purpose unless ( 1 ) the consumer report is obtained for a purpose for which the consumer report is authorized to be furnished under this section ; and ( 2 ) the purpose is certified in accordance with section 1681e of this title by a prospective user of the report through a general or specific certification.

By obtaining my consumer report for the aforementioned collection accounts without any permissible purpose and in violation of compliance procedures, Resurgent Capital Services/LVNV Funding LLC is in violation of the Fair Credit Reporting Act ( FCRA ), codified at 15 U.S.C. 1681b ( f ), and15 U.S.C. 1681e ( a ). Therefore, Resurgent Capital Services/LVNV Funding LLC has committed 15 U.S.C. 1681q, which is tantamount to 18 U.S.C. 1028A. This statute invokes 15 U.S.C. 1681n ( a ) ( 1 ) ( B ), and I am owed remedy per violation.

References : Case Law : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ) 15 U.S.C. 1681s-2 ( a ) ( 8 ) ( E ) 15 U.S.C. 1681i 15 U.S.C. 1681b ( f ) 15 U.S.C. 1681n ( a ) ( 1 ) ( B ) 12 CFR 1022 12 CFR 1006.1 12 CFR 1006.18 12 CFR 1006.30 12 CFR 1006.34 15 U.S. Code Subchapter V - DEBT COLLECTION PRACTICES Rule 1002 Statutes Violated : 15 U.S.C. 1681b ( f ) 15 U.S.C. 1681e ( a ) 15 U.S.C. 1681q 18 U.S.C. 1028A 12 CFR 1006.18 ( d ) 12 CFR 1006.18 ( e ) 12 CFR 1006.30 12 CFR 1006.34