Consumer complaint received 2023-10-03
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. (FL)

Subject : Formal Complaint and Notice of Violations of the Fair Credit Reporting Act ( FCRA ) I am writing to express my deep dissatisfaction and frustration regarding the repeated harassment and unjust collection attempts made by LVNV Funding LLC ( hereafter referred to as " LVNV '' ) in relation to alleged debts that are not owed by me. I initially filed a complaint with the Consumer Financial Protection Bureau ( CFPB ) on XX/XX/2023, regarding this matter. The accounts listed under reference numbers XXXX and XXXX were removed from my credit reports after this initial complaint. Despite this, LVNV has once again reported these debts on my credit reports without sufficient evidence to establish their validity.

My primary concern is that LVNV has failed to provide me with proper documentation demonstrating my obligation to pay these alleged debts and a contractual agreement between myself and LVNV. I have repeatedly requested LVNV to furnish this information as required by law, but to date, they have not complied with my requests. These debts are not mine, and I have no legal obligation to pay them. 

Furthermore, it has come to my attention that LVNV has violated various provisions of the Fair Credit Reporting Act ( FCRA ), a federal statute that governs the accuracy and fairness of credit reporting. LVNV 's actions have caused severe emotional distress and financial strain, impacting my ability to achieve my financial goals and maintain my financial stability.

The following are the specific FCRA violations committed by LVNV Fundi
ng LLC : Failure to Provide Validation : LVNV has repeatedly failed to provide adequate validation of the alleged debts, as required by FCRA Section 611 ( a ) ( 5 ) ( A ), thereby violating my rights under this section.

Re-Reporting Disputed Information : LVNV 's re-reporting of the disputed debts without sufficient evidence and in disregard of my initial complaint to the CFPB constitutes a violation of FCRA Section 611 ( a ) ( 5 ) ( B ).

Willful Noncompliance : Given the repeated nature of LVNV 's violations, it appears to be a willful noncompliance with FCRA regulations, constituting a willful violation under FCRA Section 616. 

I want to make it clear that I take these violations seriously, and I am prepared to pursue legal action to protect my rights and seek redress for the harm caused. Under the FCRA, I am entitled to statutory damages of {$1000.00} per violation, and I may seek additional compensation for the emotional and financial distress that this matter has caused. 

In light of the above, I demand the following actions be taken by LVNV Funding LLC : Immediate removal of all references to the disputed debts ( account numbers : XXXX and XXXX ) from my credit reports. 

A written response within 30 days of receiving this letter, providing valid documentation demonstrating my legal obligation to pay these debts. 

A written acknowledgment of your FCRA violations and a commitment to cease any further reporting of these disputed debts to credit bureaus without valid proof of their validity. 

Compensation for the emotional distress, financial strain, and hindrance to my financial goals caused by LVNV 's actions.

Failure to address these concerns within the stipulated time frame will leave me with no choice but to pursue legal remedies available under the FCRA.

I anticipate your immediate attention to this matter and request that all communication from LVNV Funding LLC be in writing going forward to maintain a record of our interactions. 

Sincerely, XXXX XXXX XXXX