Date Received: 2023-09-01
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: COMPANY XXXX XXXX XXXX XXXX IS VIOLATING MY CONSUMER RIGHT TO PRIVACY PURSUANT TO 15 USC 6802 BY CONTINUING TO REPORT NON PUBLIC INFORMATION. ON XX/XX/XXXX, IN WRITING, I OPTED-OUT OF REPORTING FROM XXXX XXXX XXXX XXXX, AND SAID COMPANY IS STILL NOT RESPECTING MY CONSUMER RIGHT EVEN AFTER OPT-OUT NOTICE. XXXX XXXX XXXX XXXX IS VIOLATING MY RIGHT TO PRIVACY PURSUANT TO THE FOLLOWING : -PRIVACY ACT OF 1974 GUARANTEES PROTECTION OF MY PERSONAL INFORMATION. -CODE OF FEDERAL REGULATION TITLE 16 CHAPTER 1 SUBCHAPTER C PART 313 GRANT ME THE RIGHT TO OPT-OUT. -TITLE 15 UNITED STATES CODE 6802 PRESCRIBES CONSUMER PROTECTION FROM AFFILIATE AND NON AFFILIATES OF XXXX XXXX XXXX XXXX.
Company Response:
State: TX
Zip: 778XX
Submitted Via: Web
Date Sent: 2023-09-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-02
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: around XX/XX/XXXX I Filed a complaint because it appears that two separate collection agencies where attempting to collect the same. as part of the complaint CFPB forwarded the complaint to XXXX XXXX as well. Today I received written conformation from XXXX XXXX on the Complaint initiated against ( LVNV Funding LLC ) who responded to they were the owner of the Debt ( case number ; ( XXXX. However XXXX XXXX 's response stated the account was sold to ( XXXX XXXX XXXX ) ( see attached response from XXXX XXXX ). They were only able to Confirm the account that they sold to XXXX XXXX XXXX ). Resurgent who is affiliated with both XXXXXXXX XXXX and LVNV Funding LLC responded to the complaint against LVNV, their Response which I have also attached was unsupported by XXXX XXXX XXXX some of us are aware these companies are affiliated and have been sued for Debt Flipping. Based On XXXX XXXX response. I now believe this was an attempt By both affiliates to Deceive and pressure me into paying a debt that is Time Bard in my State and to keep the negative credit reporting past the 7 year look back period imposed by State. If I remember correctly, I believe that as part of settlement these affiliates agreed to stop that practice. I also believe, that due to XXXX XXXX 's apparent policy of not reporting the bad debt themselves, which makes it very difficult to match collections with the original creditor, they have seized that opportunity to take deceitful and harmful collection practices to the extreme which I am now confident has also been done to others as well.
Company Response:
State: FL
Zip: 33541
Submitted Via: Web
Date Sent: 2023-09-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-31
Issue: Electronic communications
Subissue: You told them to stop contacting you, but they keep trying
Consumer Complaint: To Whom It May Concern : I am writing to file a complaint against Resurgent Capital Services for violating the Fair Debt Collection Practices Act ( FDCPA ). On XX/XX/XXXX, I received a notice through email from Resurgent Capital Services stating that they had acquired a debt from XXXX XXXXXXXX XXXX. The letter was sent to my personal email address. I sent a cease and desist letter by email to Resurgent Capital Services on XX/XX/XXXX, requesting that they stop contacting me by email and to cease any and all communications. I also opted out of the use of my personal email address for debt collection purposes. " The notice sent to the debt collector also indicated some clear FDCPA violations. These violations include violations of the Fair Debt Collection Practices Act ( FDCPA ), 12 CFR 1006.6 ( d ) ( 4 ) ( ii ) ( C ) ( 4 ), specifically 15 U.S.C. 1692c. I believe that these violations of the FDCPA entitle me to civil penalties of {$1000.00} per violation. I am requesting that the CFPB assess these penalties against Resurgent Capital Services. '' Resurgent Capital Services acknowledged receipt of my cease-and-desist letter on XXXX XXXX XXXX, but they continued to contact me by email. They also sent me text messages on XXXX XXXX XXXX XXXX XXXX XXXX XXXX They also called me on XX/XX/XXXX and XXXX. I have never authorized Resurgent Capital Services to contact me by email or text message. Their continued contact with me is a violation of the FDCPA. Specifically, Resurgent Capital Services has violated the following provisions of the FDCPA : Section 1692c ( a ) : This section prohibits debt collectors from contacting consumers by means that the consumer has indicated they do not want to be contacted by, such as email and text message. Section 1692d : This section prohibits debt collectors from engaging in any conduct that would be considered harassment or abuse, including contacting you at work if you have told them not to, contacting you at unusual times, or contacting you if you are represented by an attorney. Section 1692e ( 10 ) : This section prohibits debt collectors from using any false, deceptive, or misleading representation or means in connection with the collection of a debt, including lying to you about the debt or trying to collect a debt that is not legally owed. Section 1692f : This section prohibits debt collectors from engaging in any unfair or deceptive act or practice in connection with the collection of a debt, including contacting you if you have sent them a cease-and-desist letter. I am requesting that the CFPB investigate this matter and take appropriate action against Resurgent Capital Services. I am also requesting that the CFPB require Resurgent Capital Services to stop contacting me and to reimburse me for any damages I have suffered as a result of their violations of the FDCPA. I believe that Resurgent Capital Services has violated the FDCPA in 11 instances, and I am requesting that the CFPB assess civil penalties of {$1000.00} per violation, for a total of {$11000.00}. It should be noted on XX/XX/XXXX, a second notice was sent giving the company additional time to acknowledge and cure with no avail. I am available to provide any additional information that you may need. Thank you for your time and attention to this matter. I will attach correspondence from debt collector confirming receipt of cease and desist letter. I can also provide logs of emails, text messages, and calls.
Company Response:
State: LA
Zip: 70460
Submitted Via: Web
Date Sent: 2023-08-31
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-31
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: On XX/XX/XXXX, Resurgent Debt collection agency purchased my account from XXXX XXXX XXXX. The sent me email communication about the debt. I am writing this complaint because they are reporting false /misleading representation of this account on my credit report which cause my score to drop significantly. Attached you will all copies of my reports from all three credit bureaus with false and misleading information about the payments. The reports say that I am late 1 time on one report and 4 times on another report and not al all on the third report. I have not paid them late and I have proof of on time payments from the start. The company told me they would report on time payments not late payments. The have caused me a XXXX point drop in my score. Beginning XXXX on the XXXX and every month until XX/XX/2023 payments have been auto drafted from my account. I called them today about to ask about why they reported late payments and the lady was rude. I asked for a supervisor and she put me on hold. After sometime I hung up. I just discovered this and they refuse to remove the inaccurate information. I have tried communicating with them on several occasion to resolve this matter and they refused to work with me. There were times I called and was put on hold and then hung up on.
Company Response:
State: GA
Zip: 30236
Submitted Via: Web
Date Sent: 2023-08-31
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-31
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: The information provided is in accurate. The debt started in XXXX, they keep reporting it was open in XXXX to the credit bureau and now the debt is been sold again to another collection agency calling money
Company Response:
State: AR
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-08-31
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-31
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: Your company is attempting to collect a debt without a contract. According to XXXX5 USC 1692a, Congressional Findings or Declaration of Purpose, you are hereby informed that as a result of your fraudulent practices, with the intention to cause harm, I have suffered mentally, emotionally, and financially. Your company falsely reported information that resulted in defamation of my character. Further, you created a deceptive form that made the creditors and employers believe that I was in debt, though you could not prove its validity. If the debts were valid you created a false impression that I was not able to pay the alleged debts Rule/Law- Pursuant to 15 USC 1692f ; prohibits the collection of any amount ( including any interest, fee, charge, or expense incidental to the principal obligation ) unless such amount is expressly authorized by the agreement creating the debt or permitted by law. Applicability - Your company is attempting to collect a debt in the amount of {$120.00}, There is no contractual agreement between me and your company therefore your company is in violation of 15 USC 1692 ( f ) ( 1 ). Please note that this is not a refusal to pay off the account but a notice sent as per the Fair Debt Collection Practices Act ( F.D.C.P.A. ), 15 U.S.C. 1692 ( G ) Section 809 ( B ). This notice states that your claim is disputed and validation of the account is required. Due to your company 's actions, I was discriminated against and denied my right to extend credit. I have suffered emotional as well as financial hardship. I hereby grant your company the opportunity to amicably resolve the matter by way of doing the following : 1. Deletion from all consumer reports 2. Clear away any alleged balance owed 3. Pay as per the attached invoice ; {$8000.00}. You shall be granted twenty ( 20 ) days to respond. Rule 301. Presumptions in Civil Cases Generally - explains your duty to respond. Rule 602. Need for Personal Knowledge - A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may consist of the witnesss own testimony. If there is no response to this letter within five ( 5 ) days, all legal rights shall be explored, including but not limited to, legal proceedings necessary in accordance with State and Federal laws. Thank you for your attention to this matter
Company Response:
State: FL
Zip: 34714
Submitted Via: Web
Date Sent: 2023-08-31
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-01
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. 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. '' 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. '' XXXX, XXXX & XXXX 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: NC
Zip: 28273
Submitted Via: Web
Date Sent: 2023-09-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-30
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: So the picture below will show that XXXX tried to collect on the account after they had closed the account and written it off. Also after I sent them a cease and desist letter they they sold it to the new creditor. How can they collect on a closed account that they sold isnt that fraudulent for double collecting especially an account they no longer own. So the XXXX account was closed XXXX of XXXX and they tried to collect payment on XX/XX/2022. They sold it XXXX XXXX years after the account was closed. After I had sent them a cease and desist letter on XX/XX/2022. Not only that but the origial loan was for XXXX dollars and I am trying to be collected for almost XXXX that is completely incorrect. The original owner of the account did not honor their warranty either on this mattress that I had purchased.
Company Response:
State: SD
Zip: 57105
Submitted Via: Web
Date Sent: 2023-08-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-31
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: i requested the information but i received nothing and they evenually hung up on me. i NEVER received anything in the mail. i also disputed all 3 LVNVFUNDING LLC collection accounts with all 3 credit bureaus and they all removed the collection accounts in XX/XX/2023 but then i was inform today that XXXX and XXXX has put them back on my credit report with no notification and nothing has been sent to me that show /varify or validate theses accounts. i have sent a certifide letters to all that if this can't be varifide /validated and the information/documents be sent to me to remove them from report. i got nothing in response to my request. so they removed the accounds and they sent me a notification on the updated information stateing the collection accounts has been REMOVED from my report. they violated that by putting it back on my report and not sending me any documents to support it being back on my report. i'm requesting that ALL 3 BUREAUS take it off and keep it off of my credit report. by them putting it back on my report it is causing a hardship on me in moving forward in my life. not to mention they all are in violation of the FCRA.
Company Response:
State: TX
Zip: 76123
Submitted Via: Web
Date Sent: 2023-08-31
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-31
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: LVNV FUNDING LLC was brought against the FCRA on my behalf and was found that my complaint met FCRA requirements and the debt was closed, but it was not removed like discussed.
Company Response:
State: PA
Zip: 158XX
Submitted Via: Web
Date Sent: 2023-08-31
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A