Date Received: 2023-04-20
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: LVNV Funding is attempting to collect an alleged debt that is not owed to them. They are 3rd party debt collectors and have illegally obtained my personal information. I do not have any written consent or agreement with LVNV Funding. They have been tarnishing my reputation and consumer reports with their illegal practices. LVNV Funding is not licensed to collect in my domicile state of California.
Company Response:
State: CA
Zip: 920XX
Submitted Via: Web
Date Sent: 2023-04-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-20
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: I sent a certified dispute letter to lvnv funding on XX/XX/XXXX they received it on XX/XX/XXXX but are saying they didnt get it.. I have proof they did! I am sending one last estoppel of silence letter and Im sueing!
Company Response:
State: WA
Zip: 98023
Submitted Via: Web
Date Sent: 2023-04-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-19
Issue: Incorrect information on your report
Subissue: Personal information incorrect
Consumer Complaint: Good Morning CFPB, I again have checked my Consumer Report from XXXX XXXX. Yet again when I contacted XXXX XXXX about my Consumer Report, XXXX XXXX again advice me that this is the game that theses collection agency play using other names and to continue with your complaints to get them permanently removed. CFPB, I have also enclosed the certified mail receipt, the letter which I sent to Lvnv Funding LLC and documents of this fraudulent account that is still on my Consumer Report. Its been over thirty days and I still haven't heard or seen any change on my Consumer Report. Federal Law 15 USC 1681 ( a ) ( 4 ) clearly states : ( a ) Accuracy and Fairness of Credit Reporting ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. ( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of Consumers. ( 3 ) Consumers reporting agencies have assumed a vital role in assembling and evaluating Consumer credit and other information on Consumers. ( 4 ) There is a need to ensure that Consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the Consumers right to privacy. Federal Law 15 USC 1681a- ( e ) clearly states : ( e ) The term investigative consumer report means a consumer report or portion thereof in which information on a consumers character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumers credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer. Federal Law 15 USC 1681b clearly states : ( a ) In general Subject to subsection ( c ), any Consumer reporting agency may furnish a Consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal Grand Jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18. ( 2 ) In accordance with the written instructions of the Consumer to whom it relates. Federal Law 15 USC 1681q clearly states Obtaining information under false pretenses. Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18, imprisoned for not more than 2 years or both. CFBP, Clearly Lvnv Funding LLC has Violated my Consumer 's Rights as it is stated above and are continuing to commit Identity thief which is another Consumer Violation.
Company Response:
State: PA
Zip: 19142
Submitted Via: Web
Date Sent: 2023-04-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-18
Issue: Took or threatened to take negative or legal action
Subissue: Threatened to sue you for very old debt
Consumer Complaint: they have called me, emailed me numerous times trying to collect the debt. They have sent me letters stating that they we're suing if i did not pay
Company Response:
State: NJ
Zip: 08701
Submitted Via: Web
Date Sent: 2023-04-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-18
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: PAID IN FULL -- -- in response to letter sent XX/XX/XXXX XXXX LVNV FUNDING LLC/Resurgent capital services XXXX XXXX XXXXs REPORTING INNACURATE and fraudulent information and not validated INORMATION and continues to since Before XX/XX/XXXX, to Present, the balance is incorrect on A LVNV FUNDING LLC/Resurgent capital services XXXX collections account # XXXX ( closed / XXXX Or XXXX closed and paid even with the ACCOUNTS and TRADELINES ARE CLOSED AND OR PAID IN FULL. XXXX is reporting Inaccurate and fraudulent information as these accounts has been and is closed since XXXX and is PAID IN FULL. balances and all information are inaccurate as they are not factual Reporting LVNV FUNDING LLC/Resurgent capital services XXXX and all companies are negligent compliance by reporting this information as accurate when in fact, they are not XXXX XXXX has reported over several times as accurate when clearly, they are not. LVNV FUNDING LLC/Resurgent capital services and XXXX are violating My consumer rights and FCRA laws . LVNV FUNDING LLC/Resurgent capital services is I believe retaliating with unethical practices by providing intentionally inaccurate information as Resurgent capital services LVNV violated federal and state laws by garnishing funds that were exempt and continues to report inaccurate data to XXXX. This is one of several accounts of false information and reporting inaccurate information and Credit data. FUNDS were RECEIVED XX/XX/XXXX Filings Title : LVNV FUNDING VS XXXX XXXX Case : XXXX XXXX ( XXXX ). Any LVNV FUNDING LLC accounts and data must be DELETED from XXXX and XXXX due to violations of the FCRA and LVNV Funding LLC Be fined {$1000.00} to {$10000.00} per FCRA Violation.
Company Response:
State: IA
Zip: 501XX
Submitted Via: Web
Date Sent: 2023-04-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-18
Issue: Getting a credit card
Subissue: Card opened as result of identity theft or fraud
Consumer Complaint: Resurgent Capital Services L.P . You had an account from XXXX with account number ending in XXXX. Reference : XXXX As of XX/XX/2020, you owed : XXXX Between XX/XX/2020 and today : You were charged this amount in interests XXXX You were charged this amount in fees : XXXX You paid or were credited this amount toward the debt : XXXX Total amount of the debt now : XXXX
Company Response:
State: NJ
Zip: 076XX
Submitted Via: Web
Date Sent: 2023-04-18
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-17
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: LVNV Funding LLC is furnishing accounts on my consumer report that is a result of alleged identity theft. The accounts are information that does not relate to any transaction by myself, and I DID not BENEFIT from any of the transactions. I sent XXXX, XXXX, and XXXX written correspondence which included my proof of identity, an identity THEFT report, identification of such information, and a statement as the law requires. They are required to block and delete these accounts within 4 business days of receiving my notice. I am a victim of identity theft. The information listed below, which appears on my credit report, does not relate to any transaction ( s ) that I have made. It is the result of identity theftXXXX XXXX XXXX XXXXXXXX ACCT XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX Please block this information from my credit report, pursuant to section 605B of the Fair Credit Reporting Act, and send the required notifications to all furnishers of this information. 605B of the Fair Credit Reporting Act, which requires you to block the fraudulent information on my credit report resulting from identity theft within four business days and to promptly notify the furnisher ( s ) of that information. LVNV FUNDING LLC is sharing my nonpublic information with nonaffiliated 3rd parties XXXX, XXXX, & XXXX. LVNV FUNDING LLC does not have my consent to have and share my private personal information. Then, the information that they are reporting is inaccurate and false. They are violating my rights to privacy as a consumer, they withheld my rights to be able to opt out of sharing reporting private inaccurate, false, damaging information to the consumer reporting agencies. They are in violation of multiple federal laws.
Company Response:
State: FL
Zip: 34746
Submitted Via: Web
Date Sent: 2023-04-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-17
Issue: False statements or representation
Subissue: Indicated you were committing crime by not paying debt
Consumer Complaint: I have disputed this account which I don't recognize in my credit report. They offer no explanation about the debt. I never had a signed contract with this company they are violating my consumer rights by demanding I pay something I know nothing about .I asked about in my report to XXXX to get the company to verify more information and they failed to do so and stated I can not dispute this again.
Company Response:
State: NJ
Zip: 08401
Submitted Via: Web
Date Sent: 2023-04-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-17
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: Lvnv Funding LLC started reporting on all my reports XX/XX/. They are currently reporting on all 3 national reporting agencies. They do not have the authority to collect anything from me. Per the Illinois Department of Financial and Professional Regulation, they are not licensed in the state of Illinois to collect anything as they do no have an active license for Illinois. This has been reporting for nearly 2 years negatively affecting my credit profile and making it hard to purchase a home. They have no legal grounds to collect anything from me, furthermore when I requested them to validate the debt was mine, they could not. I would like this collection removed from every single reporting agency and updated ASAP. Please see the screenshot showing they have an active license in SC, not IL. There are 3 different collections showing, their account numbers are as follows XXXX XXXX XXXX XXXX
Company Response:
State: IL
Zip: 60621
Submitted Via: Web
Date Sent: 2023-04-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-17
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I have not supplied proof under the doctrine of estoppel by silence, Engelhardt v Gravens ( Mo ) 281 SW 715, 719, I may presume that no proof of the alleged debt, nor therefore any such debt, in fact exists. In a good faith effort to resolve this matter amicably, I demand for proof of the debt, specifically the alleged contract or other instrument bearing my signature in wet ink, as well as proof of your authority in this matter. Absent such proof, you must terminate this collection action and correct any erroneous reports of this debt as mine. For the record, I state again that as I have no account with you, nor am I your customer, nor have I entered into a contract with you, I must ask for the following information : 1 ) Please evidence your authorization under 15 USC 1692 ( e ) 15 USC 1692 ( f ) and USC 1692 ( g ) 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 the state. 5 ) Please provide proof of the alleged debt, including specifically the alleged contract or other instrument bearing my wet signature. You have 7 days of this notice to respond. Your failure to respond, on point, in writing, hand signed, and in a timely manner, will work as a waiver to any and all of your claims in this matter, and will entitle me to presume that you sent your letter ( s ) in error, and that this matter is permanently closed. Your continued silence is unacceptable. Either provide the proof or correct the record to remove the invalid debt from my credit files with the three-primary credit-reporting agencies. You are currently in violation of the Fair Credit Reporting Act and the Fair Debt Collection Act. I can't obtain housing or employment due to the violations on my credit file. Failure to respond within 7 days of this letter will begin my small claims action against your company. I will be seeking {$5000.00} in damages for the following : 1 ) Defamation 2 ) Negligent Enablement of Identity Fraud 3 ) Violation of the Fair Credit Reporting Act After obtaining the judgment against your company, I will obtain a Writ of Execution from the Sheriffs office in your county and I will begin the process of attaching property or funds to satisfy the judgment. For the purposes of 15 USC 1692 et seq and 15 USC 1692e 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. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status. As a consumer by law this account on this letter must be deleted immediately or I will seek monetary damages in small claims court in my city and state. Also we already involved and sent this letter to the Consumer Financial Protection Bureau, XXXX XXXX Assistant Director of Enforcement Consumer Financial Protection Bureau1700 G. Street NW Washington, D.C. 2055, XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX, Attorney Generals Office, XXXX XXXX XXXX, State Senate, Federal Deposit Insurance Corporation, Comptroller Of The Currency, Federal Reserve System Credit and insurance, Federal Trade Commission, State Regulatory agency,
Company Response:
State: MO
Zip: 64138
Submitted Via: Web
Date Sent: 2023-04-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A