Consumer complaint received 2025-05-05 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: Resurgent Capital Services L.P.
State: GA

Complaint narrative:
The Fair Credit Reporting Act ( FCRA ), codified primarily under Title 15, Chapter 41, Subchapter I, Part A of the United States Code ( 15 U.S.C. 1681 et seq. ), is the main law that governs how consumer reporting agencies ( like XXXXXXXX XXXX XXXX XXXX XXXX  and furnishers of information ( like LVNV Funding ) collect, disseminate, and use consumer credit information. It places specific duties on these entities to ensure the maximum possible accuracy of the information they report. 

15 U.S.C. 1681i. Procedure in case of disputed accuracy This is one of the most critical sections for your situation. It outlines the responsibilities of credit reporting agencies ( CRAs ) like XXXX XXXX XXXX XXXX when you dispute the accuracy of information in your credit file. 

Duty to Reinvestigate : When you notify a CRA directly of information you dispute as inaccurate, the CRA must reinvestigate the disputed information free of charge. They generally have 30 days ( or up to 45 days if you provide additional relevant information during the initial dispute period ) to complete this reinvestigation. 
Contacting the Furnisher : As part of the reinvestigation, the CRA must notify the furnisher of the information ( like LVNV Funding, if they are the source of the entry ) about your dispute. 

Review of Relevant Information : The furnisher must review all relevant information provided by the CRA regarding the dispute. 
Reporting the Outcome : Based on the reinvestigation, if the disputed information is found to be inaccurate or can not be verified, the CRA must promptly delete or modify the information. 

Reinsertion of Information : This is particularly important for you. If information is deleted based on a dispute, a CRA can not reinsert that information into your file unless the furnisher of the information certifies that the information is complete and accurate. Furthermore, the CRA must notify you in writing within five business days after reinserting the information and provide you with the name, address, and phone number of the furnisher. Simply putting information back without proper verification and notification after it was removed following a dispute is a violation of this section.

15 U.S.C. 1681s-2. Responsibilities of furnishers of information This section outlines the duties of entities that furnish information to CRAs, such as creditors or debt buyers like LVNV Funding.

Duty to Provide Accurate Information ( Section 1681s-2 ( a ) ) : Furnishers have a duty not to report information they know or have reasonable cause to believe is inaccurate. They also have a duty to correct and update information. 

Duties After Receiving Notice of Dispute ( Section 1681s-2 ( b ) ) : If a furnisher receives notice of a dispute from a CRA ( as required by 1681i ), the furnisher has specific responsibilities : Conduct an investigation into the disputed information. 
Review all relevant information provided by the CRA. 
Report the results of their 1 investigation to the CRA.

1.

www.casemine.com www.casemine.com If the information is found to be inaccurate, incomplete, or unverifiable, the furnisher must modify, delete, or block the reporting of that information. Your point about not having a contract with LVNV and not consenting to the sale of your information is relevant here under the umbrella of accuracy. If LVNV can not prove they legally own the debt or that the amount/status they are reporting is accurate, their reporting could be considered inaccurate under this section, especially if they fail to validate the debt during a dispute investigation.

15 U.S.C. 1681n. Civil liability for willful noncompliance This section allows consumers to sue CRAs and furnishers for willfully failing to comply with any requirement of the FCRA. " Willful '' means either knowingly violating the law or acting with reckless disregard for the law.

Damages Available : If you prove willful noncompliance, you can potentially recover : Statutory damages ( currently between {$100.00} and {$1000.00} per violation ).

Punitive damages ( awarded by the court to punish the defendant and deter similar conduct, potentially significant depending on the severity of the violation ).

Attorney 's fees and court costs. The act of repeatedly deleting and re-inserting disputed, potentially inaccurate information without following the proper reinvestigation and re-insertion procedures under 1681i could be argued as willful noncompliance, especially if it shows a pattern or reckless disregard for your rights and the FCRA 's requirements. 
15 U.S.C. 1681o. Civil liability for negligent noncompliance This section allows consumers to sue CRAs and furnishers for negligently failing to comply with any requirement of the FCRA. Negligence means failing to exercise reasonable care.

Damages Available : If you prove negligent noncompliance, you can potentially recover : Actual damages sustained by you as a result of the violation. This is where your claims of harm, inability to move from a dangerous living environment, and the {$500000.00} figure come in. You would need to prove that the inaccurate reporting and the bureaus ' actions caused these specific harms and quantify the financial loss or other quantifiable impact. 
Attorney 's fees and court costs. Even if you can not prove the actions were willful, a failure to follow the procedures in 1681i ( like properly investigating, deleting, and not re-inserting without justification ) could be considered negligent, entitling you to actual damages.

In summary, for your situation : Your core claim against the credit bureaus ( XXXX XXXX XXXX XXXX would heavily rely on 15 U.S.C. 1681i, specifically their alleged failure to properly reinvestigate, delete, and not re-insert disputed information without proper verification and notification after they had previously removed it. 

Your claim might also involve 15 U.S.C. 1681s-2 ( b ) regarding LVNV Funding 's duties as a furnisher to properly investigate the dispute when notified by the CRAs and to cease reporting inaccurate or unverified information. If LVNV can not validate the debt or their right to report it, their furnishing of that information could violate this section.

To recover damages, you would likely be pursuing claims under 15 U.C.S. 1681o ( for actual damages caused by negligent noncompliance, such as the inability to secure housing and associated harms ) and potentially 15 U.S.C. 1681n ( if you can show their actions were willful, which could entitle you to statutory and punitive damages in addition to or instead of actual damages ).

Company response to consumer: Closed with explanation