Consumer complaint received 2024-06-14 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information belongs to someone else
Company: Resurgent Capital Services L.P.
State: TX

Complaint narrative:
LVNV FUNDING LLC is in clear violation of the law and is liable for all actual damages caused. 
I obtained a copy of my XXXX consumer report and noticed an inaccurate collection account with a balance of {$440.00} you furnished to the agency on ( XXXX ) using my nonpublic personal information without following any FCRA rules and guidelines to properly verify this data. 
Please provide The original signed consumer agreement your company has on file with my signature that makes me responsible for this alleged debt of {$440.00} owed to LVNV FUNDING. 
The original creditor of this account REVVI/MRV BANKS cancelled this debt due to the account being a direct result of IDENTITY THEFT pursuant to 18USC1028 ( A ) before selling this debt to your company because they could not prove my responsibility to this alleged debt of {$440.00}. 
LVNV FUNDING LLC is attempting to collect this same debt that legally can not be collected. 
On XX/XX/XXXX I sent RESURGENT CAPITOL SERVICES a notice that I refuse to pay this alleged debt and ordered them to CEASE AND DESIST all collections activity regarding this debt. 
According to 15USC 1691 ( c ) Ceasing Communication ; If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the Consumer with respect to such debt. 
Your offenses to reporting this alleged debt to collections amount to AGGRAVATED IDENTITY THEFT pursuant to 18USC 1028 ( A ). You have knowingly transferred, possessed or used a means of identification of me without lawful authority which is a felony with civil liability and defamation. 


Please provide the full privacy disclosure you allegedly disclosed to me before contacting the consumer reporting agency XXXX XXXX with my nonpublic personal information.

According to - USC 6802 Section ( b ) OPT OUT ( 1 ) In General A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) Such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party. 
( B ) The consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party; and ( C ) The consumer is given an explanation of how the consumer can exercise that nondisclosure option. 

I never received any privacy disclosure from LVNV FUNDING LLC pursuant to this section so I may exercise my nondisclosure option if I wish to not have this information reported to any third party. 

Under the New Rule REGULATION F which took effect on XX/XX/XXXX, by reporting this account and parking this alleged debt on my Consumer Report, you are violating the FDCPA & 10006.30a and its new rule you must remove this inaccurate collection account from my report.

According to this section of the LAW 15USC 1681a ( 2 ) ( a ) ( i ) ; Exclusions from a Consumer Report ; My transactions to your company are EXCLUDED from my consumer report - ( 2 ) EXCLUSIONS Except as provided in paragraph ( 3 ), the term consumer report does not include all transactions or experiences between the consumer and the person making the report. 
Your violation of 15USC 1681a ( 2 ) ( a ) ( i ) makes this account and all of the information you contacted third parties or credit reporting agencies with incomplete and inaccurate.

LVNV FUNDING LLC VIOLATED 18USC1028 ( A ), 15USC 1681 ( 2 ) ( a ) ( i ), 15USC 1692 ( c ), 15USC 6802 ( B ) and the FDCPA & 10006.30a, REGULATION F to furnish this inaccurate and unverifiable collection account on my XXXX report which demands removal or I will seek compensation for each violation your company committed and all actual damages caused by your financial institution. 
LVNV FUNDING LLC IS IN VIOLATION OF THE FCRA AND NOT IN XXXX XXXX COMPLIANCE!

Company response to consumer: Closed with explanation