Date Received: 2023-06-10
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: As a debt collector, LVNV FUNDING LLC are governed under the Fair Debt Collection Practices Act ( 15 USC 1692 ) with no exemption! It is a violation under the Act to acquire my nonpublic personal information from a 3rd party source and willfully contact me without my prior consent given directly or from the express permission of a court of competent jurisdiction allowing to do so pursuant to 15 USC 1692c ( a ). With the intent to provide me false and misleading information stating I owe any such alleged debt, not only do I REFUSE TO PAY SUCH ALLEGED DEBT but Im also demanding LVNV FUNDING LLC to cease and desist communication through ALL MEDIUMS in reference to this alleged debt with me and ANY OTHER person pursuant to 15 USC 1692c ( c ). LVNV FUNDING LLC willful deceptive practices used evidence noncompliance under the Fair Debt Collection Practices Act ( 15 USC 1692for which the court may allow damages of {$1000.00} per provision identified that failed to be complied with pursuant to 15 USC 1692k ( a ) ( 2 ) ( A ). Understanding that LVNV FUNDING LLC have no legally enforceable contract in place that could be enforced under a court of law, LVNV FUNDING LLC is now subject to lawsuit for violating my consumer rights under the Act since LVNV FUNDING LLC decided to infringe on privacy and harass me!
Company Response:
State: VA
Zip: 22310
Submitted Via: Web
Date Sent: 2023-06-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-10
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I have not contracted any loan or loans
Company Response:
State: CO
Zip: 80249
Submitted Via: Web
Date Sent: 2023-06-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-10
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: I recently tried to get an apartment and wasnt approved due to this collections. I am in bankruptcy XXXX XXXX XXXX XXXX and this never came up. I tried to settle but customer service wouldnt help. I had no knowledge of this collection until I was trying to be approved for an apartment.
Company Response:
State: OH
Zip: 44106
Submitted Via: Web
Date Sent: 2023-06-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-11
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: I am writing to formally dispute certain inaccuracies and discrepancies found in my credit report regarding a collection account from XXXX XXXX XXXX XXXX. The information provided by your reporting agencies, contains inconsistencies that violate the provisions outlined in the Fair Credit Reporting Act ( FCRA ).
Company Response:
State: TX
Zip: 76006
Submitted Via: Web
Date Sent: 2023-06-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-11
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: I spoke with XXXX XXXX who called on XX/XX/XXXX, and was told this debt was pending attorney review but wasn't told I still had time to respond. Please request to review the recorded calls from them. I was offered a settlement in payments and gave my debit card #, because right now more legal disputes is not what I am looking for. I called them on XXXX, because I mistakenly confused a 1099 I received ( and submitted with my tax returns ) with a similar amount of debt discharged, and an older credit bill that I mistakenly wrote 1099 on ( when I was verifying this information by calling the creditors I settled debts with ahead of preparing to file my XXXX tax returns ) and said I believed I paid the debt. I called back ( and received a call and voicemail from a credit repair agency called XXXX XXXX, not leaving their company name but only the representative name, who I hadn't called per my phone records but they confirmed the date and time I called when I actually dialed another phone # looking for the right agency relevant to my debts. ) I wrote back to the email address I was provided to send in the proof of payment/1099 after going through my files, finding the original debt showing I had until XX/XX/XXXX to respond with no mention of attorney review. Below is the copied/pasted email I sent on XX/XX/XXXX after realizing I was mistaken and they were too so I wanted to get clarification ( which I'll also send as an attachment along with a copy of the debt itself ). I never received a call or email back from anyone at XXXX XXXX, and emailed back on XX/XX/XXXX asking for receipt of this email. Today I received an email that there was an update to my XXXX credit report, and see that this debt was added to collections on XX/XX/XXXX by LVNV Funding LLC when the letter I asked to be acknowledged says they must stop collections if I write to them. I made a mistake and caused some confusion to myself and them, but I did my due diligence to clarify it and am not trying to get out of paying the debt which is rightfully mine. I settled several debts last year, and have every intention to pay what's rightfully owed as I can, key word.. rightfully. However I refuse to spend unnecessary time and energy on any creditor 's abuse tactics especially when this is not the only problematic debt I have with regards to the means in which there is an attempt to be collected and when I have to be careful about how I allocate the limited funds certain parties are attacking me for ( which I will be filing complaints on as well ). I'm not 100 % sure what their reasoning is for not replying to me, or calling me back but it also seems that debtors ( and people and companies in general ) dislike when one debt gets settled and theirs is left behind, or someone asks for their rights but seems to have the shorter end of the stick.. leading to retaliatory behavior, which is nothing new for myself or others in this subject unfortunately. Good evening XXXX XXXX, To summarize.. at XXXXXXXX XXXX I called the XXXX phone number given to me by XXXX XXXX who called me from the XXXX # on XX/XX/XXXX at XXXXXXXX XXXX to discuss this debt that had been given to him and was now pending attorney review, so he wanted to know my intentions. During today 's call I spoke with an agent named XXXX, who gave me this email address as I thought I realized while going through some papers and notes earlier that I already paid this debt ( through a different creditor ) and received a 1099, after making a payment arrangement. I also realize I was wrong in my confusion and haven't paid this debt yet, but received a 1099 for a discharge of {$780.00} from XXXX XXXX XXXX XXXX which has nothing to do with XXXX XXXX and mistakenly wrote a note of receiving a 1099 on the wrong debt document. I have piles of documents to go through and verify so this is my fault and I truly apologize for any inconvenience and confusion. I have the original debt document mailed to me by your agency, for your confirmation so please see attached. XXXX was very kind and understanding with my circumstances, and I don't want to blame your company for handling anything wrong especially when I understand debts are passed around and creditors/agents are just trying to do their job, but I just want to verify some things if you could please answer the below. 1. In that I had until the XXXX to write to you guys, and the original debt says nothing about attorney review being the next step, why was that even mentioned on the call on XX/XX/XXXX? 2. XXXX confirmed my payment installment was cancelled, but please confirm this in writing. I have intentions of eventually clearing this, when I can, but I won't be pressured into making payments when I'm not in a legal situation and obligated to. 3. I spoke with XXXX XXXX, who made the arrangement, and was told by XXXX that you are the supervisor. XXXX XXXX ' name is on the payment arrangement, and on the letter mailed to me. I just want to understand why I was reached out to by XXXX on the XXXX if XXXX XXXX is my account manager. 4. As I mentioned during today 's call, the IRS may still be reviewing my returns ( and is holding onto some of my refunds ) due to reasons which I'm not sure I'm obligated to disclose by law. As mentioned on the call with XXXX on the XXXX, my car was towed to a shop and unfortunately I wasn't approved for a payment plan. It's still in the shop despite having hefty amounts of money put into it this past year alone to have it repaired ( let alone being repaired just 2 months ago ), and I have serious housing issues, medical issues, galore to consider so I have no choice but to be choosy in where my limited funds are going at the moment. When I can, I will pay this and IF I can, in its entirety regardless of whether through your agency or another. If I rightfully owe it, I will eventually pay it. Circumstances have prevented me from keeping up with payments as I used to whether my accounts were open or charged off, which my records can clearly show despite whatever discrepancies may or may not show due to the ways the information is collected/reported. 5. There are several phone # 's connecting to your company, which makes it confusing to keep track of how to get in touch with your creditor. Just an FYI. You have this from me, in writing, so I would appreciate the answers in writing, please and thank you! XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX NJ XXXX
Company Response:
State: NJ
Zip: 07002
Submitted Via: Web
Date Sent: 2023-06-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-10
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: XXXX XXXX XXXX XXXX XXXX XXXX. XXXX, MI XXXX XX/XX/2023 Compliance Department XXXX XXXX Attn : Compliance XXXX XXXX XXXX XXXX, SC XXXX RE : Requesting a Method of Validation Dear Sir/Ma'am : I recently received a response to a dispute ( see attached ) that I made under FCRA 611 ( a ) regarding an erroneous item on my credit report involving a transaction with. I was saddened to learn that you somehow verified the disputed item, electing to leave it on my report. Collection Agency : LVNV Funding LLC ( LVNV ) Account Number ( s ) : A : ) XXXX B : ) XXXX I am certain that the item I disputed is incorrect and should be removed, so l am hereby exercising my rights under FCRA 611 ( a ) ( 7 ) to request a complete description of all methods used to investigate my dispute. I am very interested to learn how your investigators arrived at this erroneous conclusion. I would like to see a complete list of all documents and correspondence with. Please include all names and contact information of employees that you spoke to as part of this investigation. Please provide the following : 1. Validation of the debt -- that is, the actual accounting. 2. Verification of a signed Invoice. 3. A copy of the Contract binding both parties ( you and them ), in a letter by " certified mail ' so that there is an independent " witness to it having been delivered. '' I am asking for this verification because my credit score is important to me, and I believe it is being unjustly degraded as a result of this unfortunate error. I would therefore request that you please do not send me a template letter in response to this request. I am in the process of planning a legal case, sol need specific answers to the specific questions asked of you in this letter. I expect to receive a response within 15 days of receipt of this letter, or I will expect to see the item in question permanently expunged from my record. Thank you for your prompt attention to this matter. I very much look forward to getting this resolved as soon as possible. Very Respectfully, XXXX XXXX XXXX
Company Response:
State: MI
Zip: 48210
Submitted Via: Web
Date Sent: 2023-06-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-10
Issue: False statements or representation
Subissue: Indicated you were committing crime by not paying debt
Consumer Complaint: I did not make charges on the account and have provided previous police reports of identity theft. There is even a judgment against the parties who stole my information resulting in unauthorized charges. Ive provided this info and XXXX continues to defame me. This is a money grab to get me to pay for charges I didnt rack up abs my score dropped significantly as a direct result of their mafia style collection practices. XXXX indicates the collection and it should not be there.
Company Response:
State: MI
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-06-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-10
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: XX/XX/XXXX I wrote to XXXX XXXX XXXX XXXX XXXX and LVNV Funding LLC requesting validation and an investigation into a account that does not belong to me and that has not been verified and is being reported intentionally and unlawfully without being in compliance with the FDCPA or FCRA. I requested validation that this account is being reported accurately and copies of proof. I have not received any such proof to date. 1. I requested validation of the debt- that is, actual accounting 2. Verification of their claim against me 3. A copy of the Original contract binding both parties ( Creditor and I ) in a letter by " certified mail '' so that there is a independent " witness to it having been delivered '' I received no response at all within the 30 day timeframe. And LVNV still is reporting a non compliant account. Instead of verifying the account within compliance I received a email stating my account has been sold to RESURGENT CAPITAL SERVICES ( a copy of email included ) RESURGENT CAPITAL SERVICES mails out a printout of a statement which IN FACT DOES NOT CONSTITUTE validation of this debt. Yet, LVNV is still reporting the noncompliant, unverified, incomplete account. I requested the METHOD OF VERIFICATION they did not comply. PLEASE NOTE on XX/XX/XXXX CFPB releases its FDCPA Annual Report stating the following one or more debt collectors continued collection activity despite not properly obtaining and mailing debt verification after the consumer exercised his or her 1692g rights. Specifically the Bureau calls out the practice where " debt collectors forwarded consumer debt validation request to irrelevant clients, who mailed responses directly to consumers. Section 809 ( b ) of the FDCPA. As per FTC opinion letter from Attorney XXXX XXXX XXXX you should be aware that a printout ( copy included ) of a bill or itemized document does NOT constitute verification. A copy of the Method of verification used was requested also. Including the names, address and numbers of all who were involved in verifying this account without proof.So that can inquire about the procedure used to verify. I received no response as well LVNV is in violation of : sections 623. [ 15 U.S.C. 1681s-2 ] Responsibilities of Furnishers of information to consumer reporting agencies ( a ) Duty of Furnishers of Information to provide accurate information.- ( 1 ) Prohibition ( A ) Reporting Information with actual knowledge of errors.- ( B ) Reporting Information after Notice and confirmation of errors.- ( 2 ) Duty to Correct or Update Information ( 3 ) Duty to provide notice of dispute 813 [ 15 U.S.C. 1692k ] Civil liability 805. [ 15 U.S.C. 1692c ] section 623 ( E ) DUTY OF PERSON AFTER RECEIVING NOTICE OF DISPUTE 809. [ 15 U.S.C. 1692g ] Validation of debts 812. [ 15.U.S.C. 1692j ] Furnishing certain deceptive forms SECTION 604 15 U.S. CODE 1681 ( B ) SECTION 605 ( A ) 15 U.S. CODE 1681 C-1 SECTION 605 B 15 U.S. CODE 1681 C-2
Company Response:
State: IL
Zip: 60637
Submitted Via: Web
Date Sent: 2023-06-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-10
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: XX/XX/XXXX I wrote to XXXX XXXX XXXX XXXX XXXX and LVNV Funding LLC requesting validation and an investigation into a account that does not belong to me and that has not been verified and is being reported intentionally and unlawfully without being in compliance with the FDCPA or FCRA. I requested validation that this account is being reported accurately and copies of proof. I have not received any such proof to date. 1. I requested validation of the debt- that is, actual accounting 2. Verification of their claim against me 3. A copy of the Original contract binding both parties ( Creditor and I ) in a letter by " certified mail '' so that there is a independent " witness to it having been delivered '' I received no response at all within the 30 day timeframe. And LVNV still is reporting a non compliant account. Instead of verifying the account within compliance I received a email stating my account has been sold to RESURGENT CAPITAL SERVICES ( a copy of email included ) RESURGENT CAPITAL SERVICES mails out a printout of a statement which IN FACT DOES NOT CONSTITUTE validation of this debt. Yet, LVNV is still reporting the noncompliant, unverified, incomplete account. I requested the METHOD OF VERIFICATION they did not comply. PLEASE NOTE on XX/XX/XXXX CFPB releases its FDCPA Annual Report stating the following one or more debt collectors continued collection activity despite not properly obtaining and mailing debt verification after the consumer exercised his or her 1692g rights. Specifically the Bureau calls out the practice where " debt collectors forwarded consumer debt validation request to irrelevant clients, who mailed responses directly to consumers. Section 809 ( b ) of the FDCPA. As per FTC opinion letter from Attorney XXXX XXXX XXXX you should be aware that a printout ( copy included ) of a bill or itemized document does NOT constitute verification. A copy of the Method of verification used was requested also. Including the names, address and numbers of all who were involved in verifying this account without proof.So that can inquire about the procedure used to verify. I received no response as well LVNV is in violation of : sections 623. [ 15 U.S.C. 1681s-2 ] Responsibilities of Furnishers of information to consumer reporting agencies ( a ) Duty of Furnishers of Information to provide accurate information.- ( 1 ) Prohibition ( A ) Reporting Information with actual knowledge of errors.- ( B ) Reporting Information after Notice and confirmation of errors.- ( 2 ) Duty to Correct or Update Information ( 3 ) Duty to provide notice of dispute 813 [ 15 U.S.C. 1692k ] Civil liability 805. [ 15 U.S.C. 1692c ] section 623 ( E ) DUTY OF PERSON AFTER RECEIVING NOTICE OF DISPUTE 809. [ 15 U.S.C. 1692g ] Validation of debts 812. [ 15.U.S.C. 1692j ] Furnishing certain deceptive forms SECTION 604 15 U.S. CODE 1681 ( B ) SECTION 605 ( A ) 15 U.S. CODE 1681 C-1 SECTION 605 B 15 U.S. CODE 1681 C-2
Company Response:
State: IL
Zip: 60637
Submitted Via: Web
Date Sent: 2023-06-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-10
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: In XXXX several of my credit accounts became delinquent due to a long illness. My debt with overstock.com was first listed as delinquent in XXXX of XXXX. That debt was bought by XXXX in late XXXX. XXXX is reporting my debt as a new account opened in XXXX of XXXX and are showing it as newly delinquent. This has had far reaching consequences- I am in the thesis phase of my XXXX XXXX and my financial aid has been denied because of the new delinquent debt, as was an application for a mortgage that I was close to closing. I have disputed this with XXXX XXXX who if they only looked at my record would see it is an old debt not new.
Company Response:
State: AK
Zip: 995XX
Submitted Via: Web
Date Sent: 2023-06-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A