Date Received: 2023-09-06
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: On XX/XX/2023 Creditor : XXXX XXXX XXXX XXXXXXXX. added a derogatory mark on my credit report per XXXX XXXX Upon, further research, this account was transferred/sold to a LVNV Funding LLC with the Resurgent Capital Services and I am no longer responsible for the account. Debt collection agent has threaten me to pay and without my knowledge of legal rights. Debtor 's creditor did not verify this collection. Also, there was NO written form of communication, contract, or written signature for this accused debt at all. A bill without a written signature does not validate the debt and anybody can send a bill and say its mine. According to the FCRA, XXXX XXXX XXXX XXXX has violated my rights as a consumer on two accounts and I am requesting legal action on both accounts to remove these accounts immediately.
Company Response:
State: TX
Zip: 77033
Submitted Via: Web
Date Sent: 2023-09-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-06
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: In accordance with the Fair Credit Reporting act LVNV funding LLC ( resurgent ) has violated my rights. 15 U.S.C 1681 section 602 A. States I have the right to privacy. 15 U.S.C 1681 Section 604 A Section 2 : It also states a consumer reporting agency can not furnish an account without my written instructions. 1. Please evidence your authorization under 15 USC 1692 ( e ) and 15 USC 1692 ( f ) in this alleged matter 2. What is your authorization of law for your collection of information? 3. What is your authorization of law for your collection of this alleged debt? 4. Please evidence your authorization to do business or operate in this state. 5. Please evidence proof of the alleged debt, including the alleged contract or other instrument bearing my wet signature. 6. Please provide a complete account history, including any charges added for collection activity. 7. Cease and desist as this is identity theft. For 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims.
Company Response:
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-09-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-06
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: They provided their proof of the debt, but it still isn't fully correct. The debt has been bought and sold over several years by many collections agencies and the debt amount keeps increasing. The original debt was less than {$1200.00}, but now the debt is almost $ XXXX. The debt was from a credit card I had in my name, and my ex husband had forged my signatures etc and caused the debt. I did not learn about it until after our divorce was finalized. And that debt is well over 15 years old.
Company Response:
State: GA
Zip: 30542
Submitted Via: Web
Date Sent: 2023-09-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-05
Issue: Took or threatened to take negative or legal action
Subissue: Threatened to sue you for very old debt
Consumer Complaint: Continues to send one page, no contract with company and now is threatening an attorney to take case. sent cease and desist letter several times beginning back in XX/XX/XXXX company continues to send letters without the corrected information or verification and is still reporting to my credit report as new credit. This is my second complaint about this company as they continue to use Resurgent and XXXX XXXX. It is taking a toll on my credit. I am not able to live the pursuit of liberty and happiness as I am being denied my own credit from other companies because of this company. I have sent several cease-and-desist letters certified to this company and they continue to regenerate the same letter with not feedback, and there are more dates. XXXX XX/XX/XXXX
Company Response:
State: IL
Zip: 60620
Submitted Via: Web
Date Sent: 2023-09-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-05
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: My name is XXXX XXXX and I am filing a complaint because my rights under the FDCPA and FCRA have been violated by LVNV Funding LLC. In XXXX of XXXX, I became aware that LVNV had listed a collection regarding a debt that they claim that I owed. I immediately asked them to produce documentation, Specifically the original signed contract, validating this debt in accordance with the FDCPA. They failed to produce that contract or any documentation that would meet the standard of validation set by the FDCPA. They claim to have completed multiple reinvestigations, but they still could not produce those documents. According to the FDCPA, if a collector fails to validate, they must delete the disputed account from the consumers credit report. LVNV Refused to comply with this requirement. For over two and a half years, I have gone back and forth with this company to get them to comply with the law. The account is now so old, it has been time-bared from being collected on in the state of Florida. When I informed them that they no longer have the right to collect on this debt, LVNV Funding expressed their intent to violate state law and continued collection action on this debt. Since LVNV Funding has expressed their intent to break the law, I would also like to see their license to collect in the state of Florida, license # XXXX, be suspended or revoked so that they can no longer engage in this fraudulent activity. I was denied for an apartment, a bank account, and for lines of credit due to this companys refusal to remove this time-barred account. I have suffered financial and reputational damages and my character has been defamed. My case against this company is open and shut and I do plan to take legal action if this is not resolved. I want this account deleted from my credit report immediately and I want this companys license to be put under review by the Florida Office of Financial Regulation.
Company Response:
State: FL
Zip: 33615
Submitted Via: Web
Date Sent: 2023-09-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-06
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: Hard inquiries
Company Response:
State: NY
Zip: 132XX
Submitted Via: Web
Date Sent: 2023-09-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-06
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: I received a letter from your company that the alleged debt has been purchased. Your company is owned by the same company that attempted to collect the same debt. LVNV funding was notified of the identity theft affidavit and a form was signed. 15 USC 1692e ( 10 ) he use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. Your company is aware the debt that was purchased by LVNV and is aware of the FTC affidavit the company received. You are the same company umbrella, just a different sub name. Because your company falsely and misleading representations by attempting to collect a debt by the same company, going under another name is in violation pursuant to 15 USC 1692e ( 10 ).
Company Response:
State: GA
Zip: 30252
Submitted Via: Web
Date Sent: 2023-09-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-05
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: LVNV Funding LLC/Resurgent received a default judgment on a collections lawsuit against me and ignored that the debt incurred was a result of identity theft. I have a copy of a police report and FTC report documenting the theft, but they ignored it and did not provide me with the information I needed to forward to law enforcement investigating the issue. This goes beyond the scope of unconscionable at this point, they are obstructing an investigation and violating victims rights under Justice for All Act and a myriad of other laws. I will contact the Attorney Generals office again and let them know how my case was handled.
Company Response:
State: RI
Zip: 028XX
Submitted Via: Web
Date Sent: 2023-09-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-05
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: I have disputed the ownership of debt that LVNV is claiming that I owe however as of to date LVNV has failed to provide actual proof that this debt belongs to me. Per 15 USC 1692g. Validation of debts I requested an original signed application with my signature and copy of my identification used to open said account. LVNV is not able to provide his documentation and as such is trying to collect on a date from that they can not verify belongs to me. Failure to provide such information upon request is in direct violation of the FDCPA and entitles me to damages of up to {$1000.00}.
Company Response:
State: NC
Zip: 28269
Submitted Via: Web
Date Sent: 2023-09-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-05
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: Please see the attached letter sent to collection company. Company is in violation of my consumer rights and the laws according to 15 U.S. Code 1681.
Company Response:
State: AL
Zip: 352XX
Submitted Via: Web
Date Sent: 2023-09-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A