In Woods v. LVNV Funding, LLC, — F. 4th — (2022), the Seventh Circuit Court of Appeals affirmed the dismissal of FDCPA and FCRA claims based upon the defendants’ collection and reporting of a fraudulently opened account.
The plaintiff, Kevin Woods, alleged someone opened an American Airlines credit card account in his name and purchased a one-way flight. American closed the account and sold it to LVNV Funding, LLC, which placed it with Resurgent Capital Services, L.P. for collection. When Woods received collection letters, he disputed the debt and told Resurgent the account was fraudulently opened. In response, Resurgent asked Woods to provide additional information in support of his identity theft claim, but Woods failed to respond. Instead, Woods contacted American, which investigated his complaint and determined that the account was his.
Woods then filed a police report. In the report, the officer commented that American investigated the dispute and concluded that the account belonged to Woods. Shortly thereafter, Woods disputed the account with CRAs and provided a copy of the police report. The CRAs forwarded a copy of Woods’s dispute, including the police report, to Resurgent for investigation. After conducting its investigation, Resurgent verified the account was Woods’s. American later determined that the account was, in fact, fraudulently opened. Upon receiving this information, Resurgent requested that the CRAs delete the tradeline associated with the account.
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