Consumer complaint received 2024-02-03
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: Resurgent Capital Services L.P. (PA)

Despite my efforts, LVNV Funding LLC has refused to honor my written opt-out requests for the three adverse accounts they are reporting to my XXXX consumer report. As of XX/XX/XXXX, I have filed an identity theft report with the Federal Trade Commission ( FTC ) in accordance with 12 CFR 1022.3 Definitions, which defines identity theft as a fraud committed or attempted using the identifying information of another person without authority. LVNV Funding LLC has violated both the Privacy Act of 1974 ( 5 U.S. Code 552a ) and the regulations outlined in 12 CFR 1016.1, with particular focus on the provisions related to consumer privacy rights, opt-out notices, and the prevention of identity theft. 

Under the Privacy Act of 1974, the term " record '' is comprehensively defined to include any item, collection, or grouping of information about an individual maintained by an agency, explicitly encompassing consumer reports. I believe that LVNV Funding LLC may have engaged in activities that violate the provisions set forth in the Privacy Act by mishandling and possibly disclosing sensitive consumer information without proper consent.

Furthermore, under 12 CFR 1016.1, financial institutions, including LVNV Funding LLC, are mandated to provide notice to customers regarding their privacy policies and practices. This includes the conditions under which nonpublic personal information about consumers may be disclosed to nonaffiliated third parties. Consumers are granted the right to opt out of such disclosures, subject to certain exceptions. 

LVNV Funding LLC has violated the following regulations : Failure to Provide Clear and Conspicuous Opt-Out Notice ( 12 CFR 1016.7 ) : Financial institutions must provide a clear and conspicuous notice to consumers explaining the right to opt out, including a reasonable means to exercise this right. Any failure to do so constitutes a violation. 
Unreasonable Opt-Out Means ( 12 CFR 1016.7 ( a ) ( 2 ) ( iii ) ) : LVNV Funding LLC must provide reasonable means for consumers to opt out, such as check-off boxes, reply forms, electronic means, or toll-free telephone numbers. Failure to provide reasonable means is considered a violation. 
Timely Compliance with Opt-Out ( XXXX CFR XXXX ( g ) ) : Financial institutions are obligated to comply with a consumer 's opt-out direction as soon as reasonably practicable after receiving it. Any failure to do so is a violation. 
XXXX XXXX to XXXX XXXX ( XXXX CFR XXXX ( h ) ) : Consumers have the right to opt out at any time, and financial institutions must respect this right. 
Duration of XXXX 's XXXX XXXX ( XXXX CFR XXXX ( i ) ) : A consumer 's direction to opt out is effective until revoked in writing or electronically, as agreed upon by the consumer. 

I want to emphasize that I take these matters seriously, and I am prepared to pursue legal action to seek justice for the violations of my rights. If a resolution is not reached promptly, I will have no choice but to pursue this matter through the appropriate legal channels. Please consider this letter as a final opportunity to rectify this situation before I proceed with legal action.