Consumer complaint received 2025-01-15 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: Resurgent Capital Services L.P.
State: AR

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX, GA XXXX Request for Removal of Inaccurate, Re-Aged Account Information Based on Arkansas Statute of Limitations and FCRA Violations Dear [ Credit Reporting Agency Name ], I am writing to formally dispute inaccurate and re-aged information on my credit report under the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq. The account in question is listed as follows : Account Name : LVNV Funding LLC Original Creditor : XXXX XXXX XXXX  XXXX. 

Account Number : XXXX Date Opened : XX/XX/XXXX Balance : {$620.00} Basis for Dispute 1. Arkansas Statute of Limitations According to Arkansas Code 16-56-111, the statute of limitations for credit card debt is three years. The original delinquency date for this account is XX/XX/XXXX, which places it beyond the enforceable collection period in Arkansas. Debt collectors are prohibited from reporting or attempting to collect time-barred debts under applicable state laws. 

XXXX. FCRA Violations The FCRA requires credit reporting agencies to ensure maximum possible accuracy in consumer reports ( 15 U.S.C. 1681e ( b ) ) and prohibits the reporting of obsolete information. Specifically : Re-Aging of the Account : The status of this account was updated in XXXX, despite the delinquency dating back to XX/XX/XXXX. As per 15 U.S.C. 1681c ( a ) ( 4 ), the seven-year reporting period begins from the date of first delinquency, not any subsequent updates by debt buyers or collectors.

Inaccurate Representation of Account Type : The account is listed as " Open, '' which is inconsistent with its status as a charged-of
f collection account.

3. Relevant Case Law Spokeo, Inc. v. Robins, 578 U.S. 330 ( 2016 ) : Inaccurate reporting that harms a consumer 's financial standing violates consumer protection laws.

Richardson v. Fleet Bank of Massachusetts, 190 F. Supp. 2d 81 ( D. Mass. 2001 ) : The duty to ensure accurate reporting lies with both the furnisher and the credit reporting agency.

4. CFPB Guidance The Consumer Financial Protection Bureau ( CFPB ) has emphasized that re-aging or inaccurate reporting of time-barred debts violates consumer protection laws. CFPB enforcement actions have consistently held data furnishers accountable for non-compliance with FCRA obligations.

Request for Resolution I kindly request the following actions to resolve this matter : 1. Immediate Deletion of the Account : Due to the inaccurate, outdated, and re-aged reporting, I request the removal of this account from my credit report.

2. Validation of the Debt : If you believe the information is accurate, I request documentation proving the original delinquency date, validation of the debt, and evidence of compliance with the Arkansas statute of limitations.

3. Suppression of the Account : Until this dispute is resolved, I request suppression of the account to prevent further harm to my credit standing.

Timeline and Next Steps The FCRA requires that disputes be investigated and resolved within 30 days. If this matter is not resolved to my satisfaction, I am prepared to file complaints with the CFPB, the Arkansas Attorney Generals office, and consider legal remedies to protect my rights.

Please confirm receipt of this letter and provide written updates to the address listed above. Thank you for your prompt attention to this matter. 

Sincerely,

Company response to consumer: Closed with explanation