Consumer complaint received 2024-11-21 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Old information reappears or never goes away
Company: Resurgent Capital Services L.P.
State: CA

Complaint narrative:
Heres a well-written, first-person account detailing the violations and issues surrounding this situation : To Whom It May Concern, I am writing to bring to your attention a serious matter regarding multiple violations of my consumer rights under the Fair Credit Reporting Act ( FCRA ) and the Fair Debt Collection Practices Act ( FDCPA ) by XXXX XXXX XXXX and LVNV Funding LLC. 

In XX/XX/year>, I disputed a fraudulent XXXX XXXXXXXX XXXX account on my credit report with XXXX. I provided substantial evidence, including a police report and an FTC Identity Theft Report, to support my claim. Following their investigation, XXXX determined that the account was fraudulent and removed it from my credit file. This confirmed that the account was not mine and was opened as a result of identity theft. 

However, just two months later, I noticed that the same fraudulent account was re-added to my XXXX credit report under a different name and account number. It is evident that XXXXXXXX XXXX XXXX sold this fraudulent debt to LVNV Funding LLC, despite having been notified and provided proof that the account was fraudulent. By doing so, they knowingly misrepresented the debt and attempted to pass it off to a third-party collector. This action is both unethical and a clear violation of my consumer rights. 

LVNV Funding LLC, despite being made aware of the fraudulent nature of the account, has continued to pursue collection activities against me. These actions include adding the account back to my credit report as a collection account, which is an attempt to coerce payment for a debt that I do not owe and that they know to be illegitimate. This behavior constitutes multiple violations under the FDCPA, including : XXXX. Attempting to Collect a Debt Not Owed : LVNV Funding is attempting to collect a debt that they know is fraudulent, as the original creditor ( XXXX XXXXXXXX XXXX ) was provided with proof that the account was opened without my authorization. 
XXXX. False Representation of a Debt : By re-listing the account under a different name and account number, they are deliberately misrepresenting the nature and validity of the debt. 
XXXX. Failure to Cease Collection Activities : Under the FDCPA, collection efforts must cease when a debt is disputed, especially with evidence provided. LVNV Funding has blatantly ignored this obligation. 
XXXX. Reporting False Information to Credit Bureaus : By re-listing the fraudulent account on my XXXX report, they have further violated my rights under the FCRA, which requires that only accurate and verifiable information be reported. 

XXXX XXXX XXXX is also culpable for its role in this matter. Despite being notified of the fraudulent account and provided with substantial evidence, they sold the account to a third-party debt buyer. This demonstrates negligence and a disregard for my rights as a consumer. Selling a fraudulent debt knowing its illegitimacy is a clear violation of both ethical standards and consumer protection laws. 

I believe these actions reflect a systemic failure to comply with the FCRA and FDCPA. As a victim of identity theft, I have taken all necessary steps to document and report this fraud, and yet I am being subjected to unlawful collection efforts and damage to my credit profile. 

I am requesting that : XXXX. LVNV Funding LLC immediately cease all collection activities related to this fraudulent account. 
XXXX. The fraudulent account be permanently removed from my XXXX credit report. 
XXXX. An investigation be conducted into XXXXXXXX XXXX XXXX sale of this fraudulent debt to LVNV Funding LLC, as it constitutes a breach of my consumer rights. 

If these issues are not resolved promptly, I am prepared to escalate this matter by filing complaints with the Consumer Financial Protection Bureau ( CFPB ) and the Federal Trade Commission ( FTC ). I may also seek legal counsel to explore further action for damages caused by these violations. 

Thank you for your immediate attention to this matter. I expect a response within XXXX  days. 
attached is all supporting files regarding this fraudulent account Sincerely,

Company response to consumer: Closed with non-monetary relief