Consumer complaint received 2025-06-03 00:00:00
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: Resurgent Capital Services L.P.
State: GA

Complaint narrative:
I have informed Resurgent/ LVNV Funding/ XXXX  that the debt is not mine. However, they have failed to take any action. 

I am writing to formally request the removal ( blocking ) of fraudulent information from my credit report pursuant to 15 U.S.C. 1681c-2, a provision of the Fair Credit Reporting Act ( FCRA ), which pertains to identity theft. This letter serves as a formal demand to permanently block this inaccurate and unverified tradeline under the authority granted to me by 15 U.S.C. 1681c-2 of the Fair Credit Reporting Act ( FCRA ). This account was taken out as a result of identity theft. The FTC has been notified. 

The following information on my credit report is the result of identity theft and should be blocked from my file : Creditor Name : [ XXXX, LVNV Funding LLC. Resurgent, LVNV Funding ] Account Number : [ # XXXX ] Date Opened : [ unknown ] Reason for Dispute : Account opened fraudulently without my knowledge or consent. Therefore it does not belong to me. Furthermore, I have not supplied proof under the doctrine of estoppel by silence, Engelhardt v. Gravens ( mo ) 281 SW 715,719, I presume that no proof of the alleged debt, nor therefore any such debt, in fact therefore exists. 


I am requesting that you : Block the above account ( s ) from my credit file immediately. 
Refrain from reporting this information to any third parties ( and specifically XXXX  ). 
Provide me with written confirmation that this information has been removed or blocked from my credit report. 

Under 15 U.S.C. 1681c-2, you are required to complete this request within four ( 4 ) business days of receiving all necessary documentation. Please confirm in writing when the information has been removed or if further information is needed.

1. Disputed Account and Timeline of Events I initially disputed the LVNV Funding account with XXXX XXXX XXXX XXXX. Both XXXX  and XXXX  properly removed the account. However, XXXX  has failed to do so, in direct violation of my rights under the FCRA. 

In XX/XX/year>, I submitted a direct dispute and debt validation request to LVNV Funding, explicitly requesting evidence of the debt, including a signed original agreement. In response, I received only an account summary, which is not sufficient to validate the debt under 15 U.S.C. 1692g. I made clear that I do not recognize this debt and dispute the accuracy and ownership of the account. To date, they have refused to provide proof of indebtedness, contract, or any document bearing my signature.

2. Legal Authority 15 U.S.C. 1681c-2 ( Blocking of
Information Resulting from Identity Theft ) Under 15 U.S.C. 1681c-2, I am exercising my right to request the permanent blocking of any information on my credit report that results from identity theft, fraud, or unverifiable claims. The law provides that : A consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the receipt of ( 1 ) appropriate proof of the ident
ity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer. 

Accordingly, I am providing the following : Identification of the disputed account : LVNV Funding LLC Account # XXXX Statement : I declare under penalty of perjury that the LVNV Funding account does not belong to me, and I did not authorize any such account or transaction. 
Proof of Identity : Attached ( copy of government-issued ID ) FTC Identity Theft Affidavit or police report : [ taken to CFPB website since this is a credit/debt collection issue ] Given the facts and statutory framework, you are required to block the reporting of this account within four ( 4 ) business days of receipt of this request.

3. Failure to Investigate 15 U.S.C. 1681i I also reiterate my demand under 15 U.S.C. 1681i ( a ) that you conduct a reasonable reinvestigation of this disputed tradeline. XXXX  has so far failed to do so. I attempted to dispute the account via telephone on multiple occasions, but representatives either disconnected the call or failed to initiate a proper dispute, further violating my consumer rights.

4. Regulatory Escalation and Complaint Filed On XX/XX/year>, I filed a formal complaint with the Consumer Financial Protection Bureau ( CFPB ) against both XXXX  and LVNV Funding LLC, regarding this ongoing misconduct. Per CFPB protocol and FCRA, both entities are required to respond within 30 days. As of today, XX/XX/year>, I have received no resolution, no verification, and no acknowledgment. 



5. Demand for Immediate Relief Pursuant to 15 U.S.C. 1681c-2, 15 U.S.C. 1681i, and 15 U.S.C. 1692g, I demand the following : 1. Permanent blocking and deletion of the LVNV Funding account from my credit report ; 2. Written confirmation of the blocking action within the required 4 business days ; 3. A full report of any reinvestigation results, and copies of any documents used to verify the debt, if any ; 4. A record of all parties who have accessed this tradeline in the past 12 months under 15 U.S.C. 1681g ( a ) ( 3 ).

6. Notice of Legal Intent If XXXX, CFPB, or Resurgent LVNV Funding fails to comply with its duties under the above statutes, I reserve the right to take legal action against your agency for willful and negligent noncompliance under 15 U.S.C. 1681n and 1681o, including actual damages, statutory damages, punitive damages, and attorneys fees

Company response to consumer: Closed with explanation