Consumer complaint received 2024-12-27 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: CA

Complaint narrative:
Subject : Dispute of Identity Theft-Related Collection Account Dear CFPB, On XX/XX/year>, I received a letter regarding an identity theft fraud concern with XXXX about a collection account associated with LVNV Funding LLC . This account, with an ending balance of {$71.00}, was previously owned by XXXX XXXXXXXX XXXX XXXX which is serviced by XXXX XXXX 

I have a police report sent to XXXX on file documenting identity theft and fraud related to this account. On XX/XX/year>, XXXX XXXX sold the XXXX XXXX XXXX XXXX account to LVNV Funding LLC. Subsequently, on XX/XX/year>, LVNV Funding LLC placed the account with Resurgent Capital LP for servicing. 

Despite submitting the required documentation, including the police report, XXXX notified me that the fraudulent information linked to this account would not be blocked from my credit report. Pursuant to Section 605B ( c ) of the Fair Credit Reporting Act ( FCRA ), XXXX is obligated to block such information upon receiving valid documentation. My request was improperly denied, and I believe the investigation was not conducted in compliance with FCRA requirements. 

XXXX investigation results stated that XXXX XXXX XXXX and XXXX XXXX XXXXXXXX were not currently reporting on my credit file. However, this was never the basis of my dispute. XXXX XXXX XXXX account would not appear on my credit file if it had already been sold to LVNV Funding LLC through XXXXXXXX XXXX  Additionally, XXXXXXXX XXXX XXXX identity theft-related transactions were part of the police report but were never reported to XXXX. 

It appears XXXXXXXX XXXX sold the XXXX XXXX XXXX XXXX account without fully disclosing its association with the XXXX XXXX credit card, referencing only its affiliation with XXXXXXXX XXXX. This lack of transparency is misleading and has contributed to the misrepresentation of the account to XXXX XXXX XXXX XXXX. 

Several provisions of the Fair Credit Reporting Act ( FCRA ) may have been violated. Here are the relevant laws and potential violations : 1. Section 605B - Block of Information Resulting from Identity Theft 2. Section 611 - Dispute Procedures-Potential Violation : XXXX failed to adequately investigate your dispute, relying on irrelevant information about XXXX XXXX XXXXXXXX and XXXXXXXX XXXX XXXX XXXXXXXX XXXX addressing the grounds of my dispute related to LVNV Funding LLC and identity theft.

3. Section 623 - Responsibilities of Furnishers of Information-Potential Violation : XXXX XXXX and LVNV Funding LLC may have violated this section by failing to accurately report the association between the XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX This misrepresentation appears deceptive and may have contributed to the erroneous reporting.

Summary of Potential Violations : XXXX : Failed to block the disputed information under Section 605B and did not conduct a proper investigation under Section 611. 
XXXXXXXX XXXX XXXX XXXX XXXX XXXX  : Potentially violated Sections 623 and 609 ( e ) by failing to report accurate information and not providing clarity about the account.

I request your assistance in ensuring compliance with FCRA provisions and addressing this matter, including the removal of fraudulent information from my credit report.

Thank you for your attention to this issue.

Company response to consumer: Closed with non-monetary relief