Credit reporting or other personal consumer reports -- Incorrect information on your report -- Complaint #17897758

Complaint Overview

Complaint ID: 17897758

Company: Resurgent Capital Services L.P.

Product: Credit reporting or other personal consumer reports

Sub-Product: Credit reporting

Issue: Incorrect information on your report

Sub-Issue: Information belongs to someone else

State: Florida

ZIP Code: 32811

Date Received: 2025-11-28T12:00:00-05:00

Date Sent to Company: 2025-11-28T12:00:00-05:00

Company Response: Closed with non-monetary relief

Timely Response: Yes

Consumer Disputed: N/A

Submitted Via: Web

Consumer Narrative

SECOND AND FINAL NOTICE OF INTENT TO SUE LVNV Funding LLC / Resurgent Capital Services CC : CFPB FTC XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXX/XX/XXXX RE : WILLFUL VIOLATIONS OF THE FDCPA, FCRA, IDENTITY THEFT PROVISIONS, AND SUPREME COURT PRECEDENT NOTICE OF CIVIL CLAIMS IF UNREMEDIED To Whom It May Concern : This letter serves as my Second and Final Notice of Intent to Sue LVNV Funding LLC and Resurgent Capital Services for continuous, knowing, willful, and reckless violations of federal law, including violations of the : Fair Credit Reporting Act ( FCRA ) Fair Debt Collection Practices Act ( FDCPA ) FCRA Identity Theft Blocking Requirement ( 15 U.S.C. 1681c-2 ) U.S. Supreme Court rulings regarding inaccurate credit reporting and consumer protection You have continued to report a fraudulent account despite receiving : My Debt Validation Request, My Identity Theft Police Report, and My written notice that I am the victim of identity theft. Your continued reporting is not only falseit is illegal. 1. FDCPA Debt Validation Requirements ( 15 U.S.C. 1692g ) Under FDCPA 809 ( b ) / 15 U.S.C. 1692g ( b ) : If the consumer notifies the debt collector in writing within the thirty-day period the debt collector shall cease collection of the debt until the debt collector obtains verification of the debt and mails a copy of such verification to the consumer. Reporting to credit bureaus is legally considered collection activity, as held in : XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) collectors are subject to the FDCPA when attempting to collect by any means. Thus, your continued reporting after receiving my dispute constitutes a direct violation. FDCPA Penalties ( 15 U.S.C. 1692k ) : {$1000.00} statutory damages per action Actual damages Attorney fees and court costs Liability for intentional or negligent noncompliance 2. IDENTITY THEFT BLOCKING LAW FULL STATUTORY TEXT ( FCRA 605B / 15 U.S.C. 1681c-2 ) You are now provided the exact law as written, which you have violated : 15 U.S.C. 1681c-2 ( a ) Duty to Block Fraudulent Information 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 date of receipt of ( 1 ) appropriate proof of identity ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of the fraudulent information; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer. 15 U.S.C. 1681c-2 ( b ) Duties of Furnishers ( YOU ) A furnisher of information that is notified shall not furnish such information to any consumer reporting agency, unless the furnisher subsequently knows or is informed by the consumer that the information is correct. You have received : My police report, My identity verification, Identification of the fraudulent LVNV/Resurgent account, My written statement disputing the information. The law requires blocking within 4 business days. You did not comply. Penalties for Violating FCRA Identity Theft Provisions ( 15 U.S.C. 1681n, 1681o ) : {$1000.00} per willful violation Actual damages for negligent violations Punitive damages for willful misconduct Attorney fees and court costs 3. Supreme Court Cases XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) The Supreme Court held that false information on a credit report creates a concrete injury, giving the consumer standing to sue in federal court. Your false reporting constitutes a legally recognized injury. XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) The Court held that a company acts willfully when it shows reckless disregard for FCRA obligations. Your refusal to remove fraudulent dataeven after receiving police documentationis reckless and therefore willful. XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXXXXXX XXXX XXXXXXXX ) ( widely cited ) Credit furnishers have an affirmative duty to investigate and correct inaccurate information. You have refused to investigate or remove inaccurate data. XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) The Supreme Court held debt collectors are strictly liable for FDCPA violations regardless of intent. Thus, even if your violations were accidental ( they were not ), you are still liable. XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) Debt collectorsincluding LVNV/Resurgentare fully subject to the FDCPA when attempting to collect by reporting debts. XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) Providing inaccurate or unverified information to third parties ( credit bureaus ) is a concrete injury enabling federal damages. LVNV/Resurgent continues to publish false information about me. 4. FCRA Duty of Accurate Reporting ( 15 U.S.C. 1681s-2 ( a ) ) The law states : A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. You now have actual knowledge that this account is fraudulent. You are violating the statute each day you continue to furnish or verify it. 5. Fraud, Identity Theft, and Lack of Contractual Relationship I repeat : I never opened this account. I have no contract, no signature, no agreement with LVNV/Resurgent or any of its affiliates or parties. My data was exposed in the XXXX data breach, leading to several fraudulent activities on my credit report.. My police report documents identity theft. The law requires removal within 4 daysyou have ignored this. You are now knowingly reporting fraudulent information. This is willful misconduct. 6. FORMAL DEMANDS 10 DAYS TO COMPLY You must : 1. Permanently delete the LVNV/Resurgent account from XXXX and all bureaus. 2. Cease all collection and credit reporting activity ( FDCPA 805 ( c ) ). 3. Provide written confirmation of deletion. 4. Provide legally required validation, including my wet-ink signature, if you claim the debt is valid. Failure to comply will result in : Federal lawsuit seeking : FDCPA damages FCRA damages Punitive damages Defamation damages Identity theft penalties Attorney fees and court costs Injunctive relief I will also file complaints with : CFPB FTC XXXX Attorney General XXXX XXXX Sheriffs Office ( identity theft division ) 7. Reservation of Rights Nothing in this letter waives any of my rights. All rights and legal remedies are expressly reserved. Sincerely, XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX

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