Date Received: 2024-01-22
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: LVNV FUNDING LLC is reporting a Collection account. {$1.00}, XXXX past due as of XXXX XXXX this is not true. I have a XXXX XXXX XXXX : {$650.00}, I have disputed this with them and my credit agency and they won't change the balance. XXXX XXXX Customer Number : XXXX Account Number : XXXX
Company Response:
State: CA
Zip: 92346
Submitted Via: Web
Date Sent: 2024-01-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-22
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: According to the Fair Credit Reporting Act 15 USC 1681 section 602 a states " There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' XXXX and XXXX are consumer reporting agencies and I am the Consumer. I have the right to make sure my private information isn't shared which is backed by 15 USC 6801 which states '' It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. 15 USC 1681 section 604 a section 2 states that " In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, XXXX, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' ( Furnisher of information to credit agencies ) Never informed me of my right to exercise my nondisclosure option. Not only that 15 USC 1681C ( a ) ( 5 ) states '' Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A 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. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. XXXX and XXXX are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that " A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services.
Company Response:
State: NY
Zip: 12553
Submitted Via: Web
Date Sent: 2024-01-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-21
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: Dear CFPB, My name is XXXX XXXX XXXX XXXX, and I am writing to demand the removal of an inaccurate collection account from my credit report and compensation for my time and effort in disputing it. The account in question is from XXXX XXXX and XXXX XXXX XXXX and it is showing on my credit report without my consent. I have no contract with XXXX XXXX nor XXXX XXXX XXXX. and have given no consent for them to use my name, likeness, or credit data. Furthermore, this collection account violates the Fair Credit Reporting Act ( FCRA ) as per Section 607 ( a ) ( 1 ) and ( 2 ) of the FCRA which requires credit reporting agencies like XXXX to ensure that the information they report is accurate, complete and up-to-date. Also, Section 615 ( a ) ( 1 ) states that no person shall furnish any information relating to a consumer to any consumer reporting agency if the person knows or consciously avoids knowing that the information is inaccurate. Additionally, this violates XXXX XXXX of the FCRA which states that any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00}, as the court may allow. Furthermore, this violates 15 U.S.C 1681 et seq, particularly 15 U.S.C. 1681i and 15 U.S.C 1681j which states that credit reporting agencies must follow reasonable procedures to ensure the maximum possible accuracy of the information concerning the individual about whom the report relates and any person who fails to comply with any requirement imposed under this title shall be liable to the United States for a civil penalty. Furthermore, this collection account was fraudulently bought and sold, which is a violation of the Fair Debt Collection Practices Act ( FDCPA ) and the XXXX Fair Debt Collection Practices Act ( XXXX ), which prohibit the sale or purchase of a debt that the seller or purchaser knows or should know is not legitimate. This also violates the prohibition of any form of deception or fraud under the federal laws such as XXXX XXXX. XXXX ( Mail XXXX ) and XXXX XXXX. XXXX ( XXXX XXXX ) I demand that you immediately investigate this matter and take necessary action to remove the illegal collection account from my credit report and also compensate me for my time and effort in disputing it. Thank you for your prompt attention to this matter. Sincerely, XXXX XXXX XXXX XXXX
Company Response:
State: FL
Zip: 337XX
Submitted Via: Web
Date Sent: 2024-01-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-21
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: This is a violation of 15 U.S. Code 1681i ( 5 ) Removal of Inaccurate/ invalidated credit information. Please remove immediately.
Company Response:
State: GA
Zip: 30316
Submitted Via: Web
Date Sent: 2024-01-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-12
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: LVNV funding is reporting several debts on my credit file that are not mine. I have disputed this with them as well as the bureaus to notify them this is not mine. I also included a copy of the identity theft report. I am a XXXX and someone got info and opened several accounts under my name and LVNV funding is trying to collect for three that are not mine. I have given them a chance to fix it and it's still reporting??
Company Response:
State: FL
Zip: 32935
Submitted Via: Web
Date Sent: 2024-01-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-20
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: I have disputed an alleged debt to LVNV Funding for a supposed XXXX XXXX XXXX Card account. LVNV Funding is illegally reporting items negatively on my credit report in violation of the FCRA and FDCPA. LVNV has previously been sued and fined for violating the rights of consumers like me. TO WIT : LVNV has been requested to, and has failed to provide me with the following documents to demonstrate their legal authority to place derogatory marks on my credit report : 1 ) They have failed to provide me with the Purchase Agreement to demonstrate they have any ownership, legal interest, or legal authority to collect the alleged debt or place negative records on my credit report. 2 ) They have failed to provide the original signed application and loan documents that would demonstrate the debt is even valid or legally binding. This should include the original Terms and Conditions. as well as all subsequent addendums and riders issues by the orginal creditor from time-to-time. 3 ) They have failed to provide a full accounting of all payments, charges, late fees, payments posted, and interest calculations to demonstrate the claimed balance is accurate, correct, and lawful. This data should include all instances of late payments claimed which would have led to a delinquency and assignment to collections. 4 ) They have not demonstrated their legal authority to collect against me here in Virginia. I have requested proof of proper licensing and authority here in Virginia as well as proper third-party debt collector bonds they are required to maintain in Virginia. Their activity is a violation of the Virginia Consumer Protection Act. 5 ) They have failed to provide documentation of the full chain of ownership from the original creditor all the way through their unproven claim of ownership of the alleged debt. This should include proof of assignment to each subsequent entity without any break in the chain. Documents must be provided with true and accurate dates and signatures. The original Purchase Agreement should also be provided, containing the Terms, Conditions, and Representations regarding their claimed ownership of this alleged debt. 6 ) They have failed to prove they sent me the legally required notices prior to placing the alleged debt on my credit reports with the major credit reporting agencies. I have demanded copies of all such correspondence and any letter tracking their firm maintains. IN the XXXX XXXX XXXX XXXX XXXX precedent has been clearly established that their " illegal debt parking '' without notice is a violation of my rights. 7 ) They should explain why they have continued to communicate with me and call me after being told to no longer contact me. ( I will allow written communication in direct response to my dispute and efforts to have this wrongful action corrected. )
Company Response:
State: VA
Zip: 220XX
Submitted Via: Web
Date Sent: 2024-01-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-20
Issue: Problem with a company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: I sent a letter onXX/XX/XXXX and asked them to investigate the completeness and accuracy because I found that some things are inaccurate and not complete. I received the results and noticed they did not fix nothing. There are breaking Federal law According to 15 USC 1681e ( b ) it states this ( b ) Accuracy of report Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. According to 15 USC 1681 ( 5 ) it states this ( 5 ) Treatment of inaccurate or unverifiable information ( A ) In general If, after any reinvestigation under paragraph ( 1 ) of any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or can not be verified, the consumer reporting agency shall- ( i ) promptly delete that item of information from the file of the consumer, or modify that item of information, as appropriate, based on the results of the reinvestigation ; and i ) promptly notify the furnisher of that information that the information has been modified ( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate ; and ( ii ) the information is, in fact, inaccurate. This is unfair and if they are doing this to me imagine who else they are doing this too.Can you fix it
Company Response:
State: FL
Zip: 33407
Submitted Via: Web
Date Sent: 2024-01-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-21
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: Resurgent Capital Services They responded to XXXX If you look at the documentation on XX/XX/2021 I disputed the debt. First, I explained it was incorrect information on my credit report because it did not have the correct SSN, the correct address, please provide a copy of the online contract I signed with my electronic signature. Second, this company shows they only sent me a copy of bills which does not validate debt. This is shown XXXX. All debt must be validated according different from the current creditor. ( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. ReSurgent violated this Debt Validation 15 U.S. Code 1692g Validation of debt by sending me a bill. They did not send a letter as such until I came through this agency and according to the law it was well after the 30 days of my request for Debt Validation. The letter they sent was not to the address shown on the XXXX XXXXXXXX XXXX XXXX. bill XXXX. Which further prompted me to place a report in with CFPB. Then Resurgent Capial Services sent in a correct validation letter after the 30 day request made. This is a violation. This is a Request for Resurgent to provide an electronic signature. A copy of my XXXX, XXXX, and or proof outside of fraudently bills this credit card account belongs to me. According to Resurgent they represent XXXX XXXX XXXXXXXX XXXX. They should be able to access the XXXX and or the Electronic Signature of this account which is simply not mine. All bills are showing an address which does not belong to me. I never had a credit card with XXXX XXXXXXXX XXXX XXXXXXXX. I never authorized anyone to open a XXXX XXXX in my name with XXXX XXXX XXXX XXXXXXXX. I never received a notice to collect a debt from Resurgent within a 10 day time period or a 30 day time period. If the debt is charged off this means XXXX XXXXXXXX XXXX XXXX. XXXX no longer exist. I have never signed a XXXX XXXX with XXXX XXXX XXXX XXXX. nor Resurgent. Nor have I agreed to have my personal information shared. Again, this is not my account. Resurgent sent bills to all three credit bureaus showing a fake address and not validating. This debt must be removed from my Consumer Report it is not mine. If the account Originated within XXXX where is the signed contract or electronic signature or bills for those dates? No evidence has been presented which validates I created this account. Pay close attention at the address : Sent on XXXX and XXXX how is it possible for me to live in two locations within months apart of each other?
Company Response:
State: GA
Zip: 30349
Submitted Via: Web
Date Sent: 2024-01-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-21
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: I paid XXXX or XXXX bank for a debt that I owed. A few weeks later a collections agency, called LVNV Funding, said I owed them the debt. I called, told them I paid it off and they should reach out to whoever they purchased the debt from. I was told they needed to do an investigation into it would take 15 days. When I called back they said the debt had been paid but It could not be reversed from my credit. I want this reversed off of my credit report because I don't want this to show that I've had a recent collection. I never paid them and I don't owe them and I have the screenshot from my statement to show it. I called them and told them they need to reverse it. They just said they could only report that it had been paid not that it could not be reversed. I've tried calling twice but have gotten the same answer. I need this to be reversed. I have tried reasoning with XXXX and they said there was nothing they could do and I would have to deal with the collections agency. Whos responsible? and how does this get reversed?
Company Response:
State: WA
Zip: 98033
Submitted Via: Web
Date Sent: 2024-01-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-21
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: To Whom It May Concern, I trust this message finds you well. I am writing to express my deep concern about a matter involving the violation of my rights as a consumer under the Fair Credit Reporting Act ( FCRA ) and related statutes. In light of the FCRA, particularly 15 USC 1681 section 602A, which underscores the importance of consumer reporting agencies conducting their responsibilities with fairness, impartiality, and a regard for the consumer 's right to privacy, I have encountered issues with XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX that demand your attention. My primary concern centers around the unauthorized sharing of my private information, protected under 15 USC 6801. This section emphasizes the obligation of financial institutions to respect customer privacy and protect the security of nonpublic personal information. XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX, and XXXX XXXX being a financial institution, is subject to these obligations. As evidence of my commitment to safeguarding my privacy, I would like to bring to your attention that I was a victim of the XXXX data breach. Enclosed with this letter, you will find the relevant documentation supporting my claim. The XXXX data breach exposed sensitive personal information, heightening my concerns about the unauthorized sharing of data. According to 15 USC 1681 section 604, a consumer reporting agency may furnish a consumer report only in accordance with the written instructions of the consumer. However, I have not provided consent, written or otherwise, for XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX to share my information. I hereby revoke all consent given, whether verbal, non-verbal, written, implied, or otherwise. Furthermore, 15 USC 6802 ( b ) ( c ) mandates that a financial institution may not disclose nonpublic personal information to a nonaffiliated third party without informing the consumer of their right to exercise nondisclosure. Unfortunately, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX failed to provide such information, depriving me of the opportunity to exercise my rights. The reporting of adverse information by XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX as highlighted in 15 USC 1681C ( a ) ( 5 ), without my permission is a clear violation of the law. Additionally, 15 U.S. Code 1681s2 ( A ) ( 1 ) emphasizes that information furnished to a consumer reporting agency should be accurate. I believe XXXX XXXX XXXX XXXX actions contravene this requirement. XXXX, XXXX, and XXXX as consumer reporting agencies, are obligated under 15 U.S. Code 1681e to maintain reasonable procedures to avoid violations of the FCRA. Unfortunately, it appears that these agencies have not adhered to these standards. In light of the above, I am formally requesting that the information provided by XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX be deleted from my consumer report. Additionally, I have included the documentation regarding the XXXX data breach and an FTC report for your reference. I appreciate your prompt attention to this matter and look forward to a resolution that upholds consumer rights. Thank you for your understanding and assistance. Sincerely, XXXX XXXX
Company Response:
State: SD
Zip: 57701
Submitted Via: Web
Date Sent: 2024-01-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A