Date Received: 2023-03-20
Issue: Fraud or scam
Subissue:
Consumer Complaint: LVNV FUNDING LLC Original creditor : XXXX XXXX XXXX XXXX XXXXXXXX not mines at all can you please remove it thank you.
Company Response:
State: GA
Zip: 30328
Submitted Via: Web
Date Sent: 2023-05-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-19
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: I request validation of this debt per Texas Finance Code Section 392.202 which requires a debt collection agency or credit bureau to provide the alleged debtor with specific information concerning their debt including but not limited to ; For the purpose of validation provide me with : The name and address of the original creditor. The original date of default or non-payment of the debt with original creditor. The date the debt was transferred from the original creditor to the third party debt collector. The original balance. The current balance. Any fees added by your agency. Sec. 392.303 ( a ) ( 2 ). I did not sign any agreement and/or contract with this company regarding any allege debt. And this company should provide a valid recorded copy of an assignment of transfer to be able to attempt to collect on uncollectable debt after the statute of limitations. Texas Surety bond information as required by Sec. 392.101 - my original signature on the application from the creditor - my original signature on an application with your office consenting to any service Please note XXXX, XXXX, and XXXX are bonded in the state of Texas and are required to comply with Texas Finance Code. If a debt collector has failed to respond to your debt validation request, then they have essentially admitted, per Texas Finance Code 392.202 ( b ) ( 2 ), that the debt in question is inaccurate. Per this requirement you must delete this trade line if you do not have sufficient time to complete an investigation to validate this debt in 30 days according to Sec. 392.202 ( d ) ( 1 ) Also per Texas Finance Code 392.202 Correction of third -party debt collectors or credit bureaus files. I request immediate notification by mail if this alleged debt is sold or transferred per Sec. 392.301 ( a ) ( 4 ). Under 15 U.S.C. 1692g ( a ), a debt collector must, within five days of the initial communication regarding a debt, furnish the consumer with a written notice that states ( 1 ) the amount of the debt, ( 2 ) the name of the creditor to whom the debt is owed, ( 3 ) a statement that unless the consumer disputes the validity of the debt within 30 days, the debt collector will assume the debt is valid, ( 4 ) a statement that if within the 30-day period the consumer notifies the collector in writing that the consumer disputes the debt, the debtor will obtain verification of the debt from the creditor and have a copy of that verification mailed to the consumer; and ( 5 ) a statement that if the consumer requests it in writing, the debt collector will provide the consumer with the name and address of the original creditor if it differs from that of the current creditor. A debt collector who does not provide the information mandated by 1692g ( a ) violates the FDCPA. A debt collector who violates any provision of the FDCPA is civilly liable for actual damages, reasonable attorneys fees, and additional statutory damages under 15 U.S.C. 1692k ( a ). ( 2 ) ( A ) In the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00} ; or ( B ) In the case of a class action, ( i ) such amount for each named plaintiff as could be recovered under subparagraph ( A ), and ( ii ) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of {$500000.00} or 1 per centum of the net worth of the debt collector. This company is also attempting to collect debt that has exceeded the statute of limitations in the state of Texas. This company does not have my permission to call me on any cell phone I may have possessed, currently possess or will possess in the future. They need to cease and desist their threats to sue. I am seeking an attorney to discuss a class action lawsuit as I believe this is their practice and they are violating several laws includes Texas Finance Code 392.202 ( b ) ( 2 ), FCRA, FDCPA, Texas Debt Collection Act and TCPA 47 U.S. Code 227. These calls are harassment and have been going on for months, which is a violation of FDCPA. A complaint will also been filed with the Texas Attorney General 's office. I will also be filing a lawsuit in the state of Texas due to the violation of the TCPA and FDCPA. Please reply with your response via US MAIL. Do not contact me by phone as it is inconvenient. Do not contact my family, acquaintances, or employer in any manner. Please note I am fully prepared to pursue my rights for the harm this inaccuracy has done to me. Sec. 392.403. CIVIL REMEDIES. ( a ) A person may sue for : ( 1 ) injunctive relief to prevent or restrain a violation of this chapter; and ( 2 ) actual damages sustained as a result of a violation of this chapter. Please also note Texas BCC17. I demand that you not sell, transfer, or assign this debt per Sec. 392.301 ( a ) ( 4 ). Regards.
Company Response:
State: TX
Zip: 76052
Submitted Via: Web
Date Sent: 2023-03-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-19
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: This was a XXXX XXXX debt which i paid and settled a while back, this was then handled ITEM IN DISPUTE : LVNV FUNDING LLC DISPUTE REASON : Accuracy This account is settled. This account is not a collection or charge-off. I have repeatedly told them to show me statements as the collection is invalid and also mailed them i dispute this but they have not provided any evidence LVNV funding need to delete this dispute
Company Response:
State: FL
Zip: 32250
Submitted Via: Web
Date Sent: 2023-03-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-19
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: Beginning of XX/XX/2023, I sent a letter to Resurgent Capital Services requesting the following information regarding a credit card debt they claim is mine : 1. A copy of the original purchase agreement which shows you legally own this debt by the original creditor. Not a letter stating you own the debt ; the actual agreement. 2. Copies of ALL statements from open to close of this account. 3. I want to see proof you are a legal debt collector in the state of New Jersey. A copy of your bond which shows you are legally registered in New Jersey. Anyone can state they are able to collect a debt in New Jersey. I did not receive any of the requested information when they responded on XX/XX/2023. I only received one credit card statement.
Company Response:
State: NJ
Zip: 07002
Submitted Via: Web
Date Sent: 2023-03-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-20
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: In accordance with the fair credit reporting Act this creditor has violated my rights Under 15 USC 1681 section 602 states I have the right to privacy. 15 USC section 604 section 2 It also states a consumer reporting agency can not furnish an account without my written instructions.
Company Response:
State: MO
Zip: 63011
Submitted Via: Web
Date Sent: 2023-03-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-18
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: 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 states a consumer reporting agency can not furnish without my written instructions 15 U.S.C 1692C without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt. 15 U.S. Code 1692g - Validation of debts ( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor. XXXX XXXX XXXX Lvnv Funding llc
Company Response:
State: MO
Zip: 631XX
Submitted Via: Web
Date Sent: 2023-03-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-18
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: I have noticed that there are duplicate accounts that are inaccurate and misleading with the same account number and balance listed on my report. I am requesting that you remove the duplicate accounts from my credit report as soon as possible. LVNVFUNDG XXXX LVNV FUNDING XXXX Delete the accounts LVNVFUNDG XXXX ( XXXX ) LVNV FUNDING XXXX ( XXXX ) for inaccuracy because the accounts dont belong to me, the original creditor does not own the accounts, and the accounts were sold but still reports a balance. The accounts show different creditor names. I never had an account with LVNV FUNDING and they are violating my rights. Delete the accounts immediately inaccuracy because the date last reported is XX/XX/XXXX on XXXX and XX/XX/XXXX on XXXX. The date last active reported is XX/XX/XXXX on XXXX and XX/XX/XXXX on XXXX which means the account was re-aged and thats a violation. The date of the last payment reported is XX/XX/XXXX on XXXX and is not recorded on XXXX. The date opened reported is XX/XX/XXXX on XXXX and XX/XX/XXXX on XXXX. The payment status was reported as late 120 days on XXXX and collection on XXXX. The past due is wrong and inconsistent on XXXX and XXXX. How can it be past due on a collection? The account status is reported as open on XXXX and derogatory on XXXX. Both bureaus have inconsistent reporting on this account. Delete the accounts for inaccuracy because XXXX bureaus report different information. LVNV FUNDING has violated my rights numerous times. 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 states a consumer reporting agency can not furnish a account without my written consent. 15 U.S.C. 1681s-2 ( a ) ( 1 ) 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.C 1681c. ( a ) ( 5 ) Section which states 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. 15 U.S.C 1666 ( B ) states that a creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose. 15 U.S.C 6802 ( a ) states a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice. 15 USC 1692 ( c ) ( a ) states Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt. 15 USC 1692 ( b ) ( 2 ) states Any debt collector communicating with any person other than the consumer shall not state that such consumer owes any debt. 15 U.S.C 6802 ( a ) ( b ) states a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice to opt out.
Company Response:
State: NV
Zip: 89141
Submitted Via: Web
Date Sent: 2023-03-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-18
Issue: Closing your account
Subissue: Company closed your account
Consumer Complaint: In accordance with the Fair Credit Reporting act XXXX Account # XXXX, 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 a account without my written instructions
Company Response:
State: SC
Zip: 29730
Submitted Via: Web
Date Sent: 2023-03-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-18
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: A company reached out to me stating that I owe a debt, yet there was no supporting documentation for this claim. I want this account to be removed from the consumer report immediately. I do not know this company and I am sure have not been in a contractual agreement with them. I want this account to be removed immediately.
Company Response:
State: TN
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-03-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-17
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: Pursuant to 18 USC 8, I owe no debt. This company is violating my consumer right to privacy pursuant to 15 USC 1681b 2.
Company Response:
State: NJ
Zip: 075XX
Submitted Via: Web
Date Sent: 2023-03-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A