Consumer complaint received 2025-12-15 00:00:00
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt is not yours
Company: Resurgent Capital Services L.P.
State: MO

Complaint narrative:
I am filing this complaint as a new CFPB case because my previous case, CFPB Case No. XXXX, was closed without resolving the core issue : the LVNV Funding LLC account reporting on my credit file does not belong to me. This new complaint is not a duplicate. It contains additional clarification, reiterates my identity theft claim, addresses LVNV Fundings failure to provide proof, and challenges their continued inaccurate reporting after receiving notice of fraud. Because the account remains on my credit report and continues to cause harm, I am submitting this new case to ensure a proper investigation and enforcement of federal consumer protection laws. 

I have filed an FTC Identity Theft Report, and I formally notified LVNV Funding and its servicing agent that I am a victim of identity theft and that the LVNV account is fraudulent. Despite this, LVNV Funding continues to report the account as a collection/charge-off, continues furnishing derogatory information, and continues to assert that the account is valid without providing any original documentation proving that I opened or authorized the account. 

I. THE LVNV FUNDING ACCOUNT DOES NOT BELONG TO ME I want to be absolutely clear : I do not own, recognize, or have any contractual relationship with LVNV Funding LLC. I never opened an account with the original creditor alleged to be associated with LVNV, and I never authorized any transactions, charges, payments, or activity related to this account.

I did not apply for credit that resulted in the LVNV account. 
I did not sign any application or agreement. 
I did not receive or activate any credit card. 
I did not authorize any purchases or payments. 

The LVNV account is fraudulent and the result of identity theft.

II. I FILED AN FTC IDENTITY THEFT REPORT After discovering the LVNV account on my credit report, I took the legally required steps and filed an FTC Identity Theft Report through IdentityTheft.gov. This report formally documents that I am a victim of identity theft and that the LVNV account is not mine.

Under the Fair Credit Reporting Act ( FCRA ) and FACTA identity theft provisions, once a consumer submits an FTC Identity Theft Report, furnishers like LVNV Funding must : Conduct a heightened investigation Block or remove fraudulent information Cease collection activity Stop reporting unverifiable information Not continue furnishing unless original proof of ownership exists Despite receiving notice of my identity theft claim, LVNV Funding continued reporting the account and did not remove it.

III. LVNV FUNDING HAS PROVIDED NO PROOF OF OWNERSHIP At no point has LVNV Funding produced any legitimate evidence showing that I am the person who opened or authorized this account. Specifically, LVNV has failed to provide : A signed credit application A signed contract or agreement Proof of identity verification at account opening IP address or device data used to apply Proof of card delivery or activation Any document bearing my signature Any authentication records linking me to the account Instead, LVNV has relied on generic statements, internal account summaries, or automated responses claiming the account was verified. These are not proof of ownership. 

A billing statement or data file does not prove that I opened the account. 
An internal system record does not prove identity. 
Automated verification is not a reasonable investigation.

Without original documentation, LVNV can not legally claim the account belongs to me. 

IV. LVNV CONTINUES TO REPORT DEROGATORY INFORMATION Despite my identity theft report, LVNV continues to furnish derogatory information to the credit bureaus, including : Collection/charge-off status Past-due balance Negative payment history Ongoing derogatory remarks This reporting is inaccurate because the account does not belong to me. Reporting fraudulent information after receiving notice of identity theft violates FCRA 623 ( a ), which prohibits furnishers from reporting information they know or should know is inaccurate.

V. LVNVS VERIFICATION WAS NOT A REAL INVESTIGATION LVNV claims the account was verified, but they did not conduct a reasonable investigation as required by law. A reasonable investigation would include : Reviewing the FTC Identity Theft Report Comparing identity information Reviewing original account-opening documents Checking for fraud indicators Verifying signatures and authentication data LVNV did none of this. Instead, they relied on existing data in their system, which XXXX itself be inaccurate or derived from fraudulent activity. This is not a lawful reinvestigation under FCRA 611.

VI. CONTINUED REPORTING AFTER IDENTITY THEFT IS ILLEGAL Once LVNV was notified of identity theft, they were required to either : Produce original proof that I opened the account, or Delete the account from my credit reports They did neither.

Continuing to report a fraudulent account after receiving an FTC Identity Theft Report constitutes a violation of : FCRA 605B ( blocking fraudulent information ) FCRA 623 ( a ) ( furnisher accuracy obligations ) FDCPA 807 ( false representation of a debt ) FDCPA 809 ( failure to properly validate ) VII. THE PREVIOUS CFPB CASE WAS CLOSED WITHOUT RESOLUTION My prior CFPB complaint, Case No. XXXX, was closed without resolving the dispute. The closure did not result in deletion of the LVNV account, did not compel LVNV to provide proof, and did not address my identity theft claim in a meaningful way. 

Because the account remains on my credit report and continues to cause harm, I am filing this new CFPB complaint. This complaint includes : Reaffirmation of my FTC Identity Theft Report Clarification that the account is fraudulent Objection to LVNVs lack of documentation Ongoing inaccurate reporting Continued harm This case must not be marked as a duplicate because the issue remains unresolved and LVNV is still violating the law. 

VIII. THE LVNV ACCOUNT IS CAUSING ONGOING HARM The continued reporting of this fraudulent LVNV account has caused : Credit score damage Denial of credit opportunities Higher interest rates Financial stress XXXX and expense disputing inaccurate information Ongoing fear of additional fraud This harm is unjustified because the account is not mine.

IX. WHAT I AM REQUESTING I am requesting CFPB assistance to require LVNV Funding LLC to : Immediately delete the LVNV account from all credit bureaus Cease all collection activity permanently Acknowledge my FTC Identity Theft Report Provide written confirmation that the account will not be reinserted or transferred Correct all inaccurate reporting related to this account If LVNV claims the account is valid, they must be required to provide original, signed documentation proving I opened the account. If they can not, deletion is mandatory.

X. CONCLUSION I am a victim of identity theft. I filed an FTC Identity Theft Report. The LVNV Funding account does not belong to me. LVNV has failed to provide proof, failed to conduct a reasonable investigation, and continues to report inaccurate, derogatory information. My previous CFPB case was closed without resolution, which is why I am filing this new complaint. I respectfully request CFPB intervention to enforce the law and require LVNV Funding LLC to remove this fraudulent account from my credit reports.

Company response to consumer: Closed with non-monetary relief