Consumer complaint received 2025-05-18 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: Resurgent Capital Services L.P.
State: MD

Complaint narrative:
As per the Fair Credit Reporting Act ( 15 USC 1681 Section 602 ) it is clearly stated that I, as a consumer, have the right to protection from fraudulent and unfair actions against me by debt collection agencies and credit reporting agencies. The company I will be reporting against, LVNV Funding LLC, a debt collection agency, has made direct fraudulent actions against me and I seek fair and just recourse. 

I speak directly now to LVNV Funding LLC as I know they will be reading this report. 
You have directly violated my rights under federal law and I have more than enough evidence to receive proper recourse. 
If you do not comply, you are knowingly violating federal law and I will be filing against you with various federal agencies including the CFPB, FTC, and SEC to make sure my rights are protected and you are punished. 

Under the definition provided in 15 USC 6809, a " furnisher of information to credit agencies '' qualifies as a financial institution. Therefore, LVNV Funding LLC, as a furnisher of information to consumer reporting agencies, qualifies as a financial institution.

Privacy Act of 1974 ( 5 U.S. Code 552a ) ( b ) Conditions of Disclosure.No agency shall disclose any record contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be : ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31.

LVNV Funding LLC has accessed and used personal information from consumer reporting agencies without my consent, in violation of federal law. I had provided an opt-out notice directly prohibiting such use, which LVNV Funding LLC ignored , as I will provide proof of.

12 CFR 1016.7 Form of opt-out notice to consumers ; opt-out methods Section ( a ) : ( 1 ) Form of opt-out notice. If you are required to provide an opt-out notice under 1016.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right.

LVNV Funding LLC, acting as a debt collection agency, failed to provide the required opt-out notice and continued to disclose my personal information without authorization.

15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( a ) Notice requirements : A financial institution may not, directly or through any affiliate, disclose nonpublic personal information about a consumer to a nonaffiliated third party without providing the appropriate notice in accordance with 15 USC 6803. LVNV Funding LLC has unlawfully disclosed my personal information without meeting these notice requirements.

15 USC 1681c ( a ) ( 5 ) clearly states that " Except as authorized under subsection ( b ), no consumer reporting agency may include in any consumer report any adverse information, other than records of convictions of crimes, which antedates the report by more than seven years. '' The adverse account information provided by LVNV Funding LLC appears on my credit reports unlawfully beyond the permitted time frames and without my consent.

15 U.S. Code 1681a ( 2 ) Exclusions ( A ) ( i ) states that reports containing only transaction or experience information between the consumer and the entity making the report are excluded. 
LVNV Funding LLC is reporting account information beyond what is legally permissible. 

15 U.S. Code 1681s-2 ( A ) ( 1 ) ( A ) makes clear that no person shall furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe the information is inaccurate. 
My credit reports, which contain different information reported by LVNV Funding LLC, demonstrate that inaccurate information was knowingly furnished.

15 U.S. Code 1681e requires consumer reporting agencies and furnishers to maintain reasonable procedures to ensure maximum possible accuracy and compliance. 
LVNV Funding LLC failed to comply with these requirements.

15 U.S. Code 1681n - Civil liability for willful noncompliance provides that any person who willfully fails to comply with any requirement under the FCRA is liable for actual damages or statutory damages ranging from {$100.00} to {$1000.00}.

Accordingly, I expect full and fair compensation from LVNV Funding LLC, as I am legally entitled to under federal law.

Furthermore, under 12 CFR 1016.7 : " A consumer may exercise the right to opt out at any time. '' I exercised that right, and LVNV Funding LLC has failed to honor it. 

Cease and Desist Demand : Effective immediately, I hereby formally demand under the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S. Code 1692c ( c ), that LVNV Funding LLC : Cease and desist all communication with me regarding this alleged account, Cease and desist from any further reporting, furnishing, collection activity, or disclosure of information related to this alleged account to any third party or credit reporting agency. 

Failure to comply with this cease and desist directive will constitute further willful violations of federal law, and I will pursue immediate legal action seeking damages under 15 U.S. Code 1692k, including attorneys fees and punitive damages. 

This is your final warning. If full compliance and deletion are not confirmed from this notice, I will proceed accordingly without further notice to you.

Company response to consumer: Closed with non-monetary relief