Date Received: 2023-12-29
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: I received a garnishment summons on XXXX XXXX from LVNV Funding, LLC but had received no prior notices that I was being sued, or that I was supposed to have been in court, regarding this debt. I was given XXXX weeks ' notice that my wages would be taken. After finding this out, I went to my courthouse on XXXX XXXX to find out how or when a warrant or summons was allegedly delivered to me. I find that a Warrant in Debt was allegedly served on XX/XX/XXXX to an address that I had not lived since XXXX, and that, according to the warrant, the notice was taped to the door, not confirming that it would be delivered to the right person, and I did not receive any certified mailed copy of the warrant, so no other methods were taken to ensure that I would receive this warrant. I filed proper changes of address with the U.S. Postal service when I moved, as necessary, so I would have received any mail from that previous address. Had this company attempted to contact me, I would have received it. From XXXX, I heard nothing from this creditor until my employer informed me that my wages were being garnished on XX/XX/XXXX. I attempted to contact the number provided on the garnishment summons on XXXX XXXX to inform them that National Debt Relief is working on my behalf to obtain settlements for the debt owed, however, it was a non-working number. I also notified my credit services company, National Debt Relief, to inform them that I was being sued, unknowingly and that my wages would be garnished, and I submitted all of the information i received to them. My employer informed me that 25 % of my pay would be garnished, XXXX weeks from the date of the summons and on XX/XX/XXXX, {$590.00}, approximately, was taken from my pay, leaving me with just enough to pay my rent, but not enough to buy food and pay my other bills, or to even get me to my next pay date. This garnishment caused an extreme hardship for me financially and mentally because I was unable to meet my current obligations. I also, have made provisions, prior to a warrant, to negotiate any debt, since XXXX of XXXX, to help me to negotiate old debts. Had this company properly notified me, they would have gotten this information so as to collect their debt from me fairly. Instead, the company sent a warrant to an old address, taped it to the door, not even by certified mail, failing to ensure it would be delivered to me. My new address was also updated with all the credit bureaus, yet, they didn't attempt to find me, they found my employer very quickly, took my pay, and left me scrambling for money. I was not provided any opportunity to represent myself in court, or to be able to talk to them to address an opportunity for negotiation, especially since they didn't serve me correctly, nor had they been in any form of contact with me. I didn't know I was being sued. This is unfair, and deceptive practices that have caused greater damage to my finances, my credit, and even though I was doing the right thing, this company subverted fairness and the law, taking my pay and suing me with my knowledge. Therefore, they failed to properly serve me with a notice of lawsuit, violating state rules of civil procedure, the FDCPA, and the RFDCPA, and my right to due process. These laws prohibit a collector from using any unfair or unconscionable means to collect a debt or attempt to do so, without providing me with notice of a suit, and allowing me the chance to respond, because they deliberately wanted to skip directly to garnishing my wages instead.
Company Response:
State: VA
Zip: 22192
Submitted Via: Web
Date Sent: 2023-12-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-29
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: AL
Zip: 350XX
Submitted Via: Web
Date Sent: 2023-12-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-29
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: The Fair Credit Reporting Act, as outlined in 15 U.S. Code 1681 et seq., explicitly safeguards the privacy and rights of consumers about the collection, dissemination, and use of their personal information by consumer reporting agencies. Section 604 of the FCRA ( 15 USC 1681b ) establishes that consumer reporting agencies may only furnish a consumer report under specific circumstances and with the written instructions of the consumer to whom it relates XXXX XXXX has shared my private information with a third-party agency, LVNV Funding Collection, without securing the necessary written consent from me. This act not only violates the FCRA but also infringes upon my right to control the dissemination of my personal information. Furthermore, according to 15 U.S. Code 1681s-2 ( A ) ( 1 ) A, it is explicitly stated that a person shall not furnish any information relating to a consumer to any consumer reporting agency if they know or have reasonable cause to believe that the information is inaccurate. I am concerned that the disclosure of my information may not have met the accuracy standards required by law.
Company Response:
State: GA
Zip: 314XX
Submitted Via: Web
Date Sent: 2023-12-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-29
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: there was arbitration that i exercised and they disregarded it and filed a summary of judgment in civil court which is illegal
Company Response:
State: NJ
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-12-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-28
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: On XX/XX/2023- XXXX is harassing me and using abusive and profane language when contacting my phone. I told them to put me on the do not call list and they asked for my social security number. When I told them I won't be giving that they told me they couldn't help me. I am sure this is a violation of the FDCPA. To date, XXXX has NEVER validated the debt nor have they provided the requested information. The account in question was fraudulently opened and they are committing aggravated identity theft until they are able to prove otherwise. This company and the representatives of the company are predatory extortionists and I will pursue legal action within XXXX day of receipt of this notice if the information requested is not provided.
Company Response:
State: KY
Zip: 401XX
Submitted Via: Web
Date Sent: 2023-12-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-28
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, 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. '' ( XXXX XXXX XXXX XXXX RESURGENT/LVNV FUNDING, XXXX XXXX XXXX XXXX XXXX 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. '' ( XXXX XXXX XXXX XXXX RESURGENT/LVNV FUNDING, XXXX XXXX XXXX XXXX XXXX the financial institution and the Consumer reporting agencies XXXX, XXXX, AND XXXX DO NOT have my consent to furnish this information and they DO NOT have my written consent. Any and all consent to XXXX, XXXX, and XXXX ( XXXX XXXX XXXX XXXX RESURGENT/LVNV FUNDING, XXXX XXXX XXXX XXXX XXXX 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 XXXX RESURGENT/LVNV FUNDING, XXXX XXXX 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. FCRA 605B ( 15 U.S.C. 1681c-2 ) ( a ) Block. Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency of ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer. ( b ) Notification. A consumer reporting agency shall promptly notify the furnisher of information identified by the consumer under subsection ( a ) of this section ( 1 ) that the information may be a result of identity theft ; ( 2 ) that an identity theft report has been filed ; ( 3 ) that a block has been requested under this section; and ( 4 ) of the effective dates of the block. ( c ) Authority to decline or rescind. ( 1 ) In general. A consumer reporting agency may decline to block, or may rescind any block, of information relating to a consumer under this section, if the consumer reporting agency reasonably determines that ( A ) the information was blocked in error or a block was requested by the consumer in error ; ( B ) the information was blocked, or a block was requested by the consumer, on the basis of a material misrepresentation of fact by the consumer relevant to the request to block ; or ( C ) the consumer obtained possession of goods, services, or money as a result of the blocked transaction or transactions. ( 2 ) Notification to consumer. If a block of information is declined or rescinded under this subsection, the affected consumer shall be notified promptly, in the same manner as consumers are notified of the reinsertion of information under section 1681i ( a ) ( 5 ) ( B ) of this title. ( 3 ) Significance of block. For purposes of this subsection, if a consumer reporting agency rescinds a block, the presence of information in the file of a consumer prior to the blocking of such information is not evidence of whether the consumer knew or should have known that the consumer obtained possession of any goods, services, or money as a result of the block. ( d ) Exception for resellers. ( 1 ) No reseller file. This section shall not apply to a consumer reporting agency, if the consumer reporting agency ( A ) is a reseller ; ( B ) is not, at the time of the request of the consumer under subsection ( a ) of this section, otherwise furnishing or reselling a consumer report concerning the information identified by the consumer ; and ( C ) informs the consumer, by any means, that the consumer may report the identity theft to the Bureau to obtain consumer information regarding identity theft. ( 2 ) Reseller with file. The sole obligation of the consumer reporting agency under this section, with regard to any request of a consumer under this section, shall be to block the consumer report maintained by the consumer reporting agency from any subsequent use, if ( A ) the consumer, in accordance with the provisions of subsection ( a ) of this section, identifies, to a consumer reporting agency, information in the file of the consumer that resulted from identity theft ; and ( B ) the consumer reporting agency is a reseller of the identified information. ( 3 ) Notice. In carrying out its obligation under paragraph ( 2 ), the reseller shall promptly provide a notice to the consumer of the decision to block the file. Such notice shall contain the name, address, and telephone number of each consumer reporting agency from which the consumer information was obtained for resale. ( e ) Exception for verification companies. The provisions of this section do not apply to a check services company, acting as such, which issues authorizations for the purpose of approving or processing negotiable instruments, electronic fund transfers, or similar methods of payments, except that, beginning 4 business days after receipt of information described in paragraphs ( 1 ) through ( 3 ) of subsection ( a ) of this section, a check services company shall not report to a national consumer reporting agency described in section 1681a ( p ) of this title, any information identified in the subject identity theft report as resulting from identity theft. ( f ) Access to blocked information by law enforcement agencies. No provision of this section shall be construed as requiring a consumer reporting agency to prevent a Federal, State, or local law enforcement agency from accessing blocked information in a consumer file to which the agency could otherwise obtain access under this subchapter.
Company Response:
State: VA
Zip: 24540
Submitted Via: Web
Date Sent: 2023-12-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-29
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: I saw a new inquire on my credit report company name is Resurgent LVNV Funding it said i open an account on XX/XX/XXXX XXXX for the amount of {$1600.00}. I wasnt aware that i had an account with them. I never received any written notification from this company informing me of these charges nor have this company giving me the opportunity to validate these charges as well. They just add it to my credit report without my knowledge.Can you please help me?
Company Response:
State: FL
Zip: 331XX
Submitted Via: Web
Date Sent: 2024-01-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-28
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: A couple of creditors is taking me to court pacifically one is LVNV I think they know that this person is not me apparently my name XXXX XXXX is a common name in Ohio and through court records. They show me XXXX people name XXXX XXXX XXXX Im talking to the creditors, letting them know that I dont owe no debt to DEAL my identity was stolen back in 2017. I found a report my wallet got stolen and thats when all this stuff started.
Company Response:
State: KY
Zip: 41015
Submitted Via: Web
Date Sent: 2023-12-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-28
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: A couple of creditors is taking me to court pacifically one is LVNV I think they know that this person is not me apparently my name XXXX XXXX is a common name in Ohio and through court records. They show me XXXX people name XXXX XXXX XXXX Im talking to the creditors, letting them know that I dont owe no debt to DEAL my identity was stolen back in 2017. I found a report my wallet got stolen and thats when all this stuff started.
Company Response:
State: KY
Zip: 41015
Submitted Via: Web
Date Sent: 2023-12-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-28
Issue: Problem with a company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: Upon reviewing my credit report, I discovered several items that appear to be unverifiable, invalidated, inaccurate, or questionable. These items were not thoroughly verified or reported correctly by the respective agencies involved. As a result, I am deeply concerned about the negative impact they have on my creditworthiness and financial well-being. These items are a direct violation of the Fair Credit Reporting Act, specifically under 15 U.S Code 1681e ( b ) and 15 U.S Code 1681i ( 5 ). These provisions mandate 100 % accuracy in the reporting of information on my credit report. It is disheartening to see that these requirements have not been met, leaving me with an unjustified burden. The Credit Reporting Agencies claim that these accounts were properly investigated and came back as verified. However, I am puzzled as to how this can be true when several inaccuracies are evident in my report. It raises concerns about the thoroughness and effectiveness of their investigation procedures. As a conscientious consumer, I kindly request detailed information regarding the steps your agency took to ensure that these items were reported with 100 % accuracy, as required under 15 U.S.C 1681i ( 7 ) Method of Verification - Description of reinvestigation procedure. Transparency in this matter is crucial for the fair resolution of my complaint.
Company Response:
State: AL
Zip: 368XX
Submitted Via: Web
Date Sent: 2023-12-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A