Date Received: 2023-12-27
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: On XX/XX/2023 I mailed LVNV FUNDING, RESURGENT a notice to remove furnished collection account information placed on my consumer reports after my opt out request under the Gramm Leach Bliley Act 15 USC 6802. They did not respond to my notice or remove the collection reporting. It is now XX/XX/2023 more than 30 days since delivery.
Company Response:
State: CA
Zip: 91006
Submitted Via: Web
Date Sent: 2023-12-27
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 paid
Consumer Complaint: I have paid this account balanace off in full and it is still reporting to my credit report. I was denied credit but of this account remaining on my credit report despite being paid. I have fulfilled my end of the obligation, please remove it as promised.
Company Response:
State: TN
Zip: 38118
Submitted Via: Web
Date Sent: 2023-12-28
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-26
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I received an email from my credit monitoring service that informed me that my credit profile was adversely impacted. I found that LVNV FUNDING LLC had illegally posted an alleged collection account to my credit report. I have never started nor an opened account with this company. My report shows that LVNV FUNDING LLC open account was opened on XX/XX/2022 with a balance of {$720.00}. By federal law, a debt collector is supposed to make contact with an alleged debtor and give them 30 days to validate or dispute before they move forward with collection attempts. I never received a letter in the mail that gave me 30 days to validate or dispute this account. I never received a letter stating that I have an alleged debt with this company and owe a balance on that account. I, a consumer defined under 15 USC 1692a ( 3 ), understand that, under the FDCPA guidelines for collection agencies, they have to provide ( 1 ) legitimate proof that they are the original holder of this debt and can legally hold me responsible for paying this debt and ( 2 ) contractual proof of obligation or an assignment SIGNED from an officer from the original creditors corporation that I am supposed to pay them. 15 USC 1692g Sec. 809 ( b ) of the Fair Debt Collection Practices Act ( FDCPA ) grants me the right as a consumer to request validation of this alleged debt they say I owe. I fully understand 1692g. Validation of debts ( a ) Notice of debt ; that states within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing ( 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, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumer 's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. ( b ) Disputed debts - If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) of this section 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 a copy of a judgment, 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. ( c ) Admission of liability - The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. I never received a notice of right to dispute nor did I receive any information to verify that the alleged debt with this company belonged to me. If I would have gotten anything in the mail from this company before they illegally reported to my credit report, I would have respectfully requested evidence that I am the person they are asking to pay this debt and a contractual obligation that legally binds me to pay them this debt. Upon them receiving my validation letter by certified mail with return receipt, they would have to legally cease from collection calls, letters, and efforts and delete the account from my credit reports until they can validate this debt. But again, I never received such a letter about this account ever in the mail because it was never sent. In order for them to prove that I received it properly, the proper letter should have been mailed certified mail with return receipt or by some form of proof of tracking that would require my signature. And if the company did mail anything to me, where is the legal proof of tracking or my signature stating that I received it? Where is the return receipt or postage signature showing that I received it and signed for it? But again, I never received any sort of mail or package. They have illegally posted and reported to my credit file without adhering to the FDCPA laws. Im not sure if this company is a scam, but I know that this company has broken FCRA and FDCPA laws by reporting an alleged account to my credit report without informing me through mail and I did not receive notice of right to dispute nor did I receive any information to verify that the alleged debt belonged to me. My credit has dropped tremendously. Please help me get this account removed immediately. As a consumer, Im publicly publishing this descriptive complaint on www.consumerfinance.gov so that others can learn from my experience and so that this government agency can use this information to help work with other violations and complaints from consumers regarding this company. Under 12 CFR Part 1006 and as a consumer defined under 15 USC 1692a ( 3 ), I'm also preparing to sue under the FCRA and FDCPA because of the numerous consumer law violations committed by this company, damages to my credit and opportunity costs with making a major purchase, and business ventures that must be delayed until this illegal account is removed. It should not be my responsibility to submit proof that this debt does not belong to me. It is the responsibility of the debt collector to submit proof that they can legally collect on the alleged debt, legally report to the credit agencies, and follow all FCRA and FDCPA. As of this date, they have failed to do so. LVNV FUNDING LLC C/O RESURGENT CAPITAL SERVICES XXXX XXXX XXXX XXXX, SC XXXX ( XXXX ) XXXX
Company Response:
State: MS
Zip: 38654
Submitted Via: Web
Date Sent: 2023-12-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-27
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: As in regards, the consumer reporting and the lending to third-party affiliates LVNV, has insisted upon assuming an ILLEGALLY established account be reported against me outside of my knowledge or consent to the initiation of the account, in any regard And as it states in 15 USC 1681 regarding the fair credit, reporting act section 602 ( a ) of this title clearly says there is a need to ensure that consumer reporting agencies exercise, their grave responsibilities with fairness and impartiality, and a respect for the consumers right to privacy XXXX and XXXX our consumer reporting agencies and I myself am the consumer. I believe it is my obligation, right and duty to make sure that my information that is private information not be allowed to be shared or exposed and I believe my right is warranted under 15 USC 6801, which clearly says 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 customers ( and that would mean me ) their non-public personal information resurgent/LVNV funding is a financial institution by definition under that title. 15 USC 1681 section 6004, and section 2 clearly indicates and 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 resurgent/LVV funding is the financial institution that I am, addressing in the consumer reporting agencies are in XXXX do not have my consent to furnish this information, and they surely do not have my written consent. Any in all consent to XXXX and experience LVNV funding whether it be verbal nonverbal written implied or otherwise is now revoked. 15 USC 6802 ( b ) ( c ) states that a financial institution may not disclose non-public personal information to a non-affiliated third-party unless the consumer is given an explanation of how the consumer can exercise that non-disclosure option LVN V funding never inform me of my right to exercise my nondisclosure option or even attempted to. Not only that 15 USC 1681 ( c ) ( a ) ( 5 ) clearly states that except as authorized under subsection be no consumer reporting agency shall make any consumer report containing any of the following items of information, or any other adverse item of information, other than the records of convictions of crimes, which, and 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 USC code 1681s-2 ( A ) ( 1 ) clearly states a person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable caused to believe that the information is in accurate. 15 USC code 1681 ( e ) clearly states every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681 ( c ) of this title, and to limit the furnishing of consumer reports to the purposes listed under section 1681 ( b ) of this title XXXX and XXXX are not maintaining reasonable procedures also 12 CFR 1016.7 clearly states that a consumer may exercise the right to opt out at any time and I am now opting out of your credit reporting services. ( so-called )
Company Response:
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-12-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-27
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: HIS IS AN ADDENDUM TO THE PREVIOUS SENT FEED BACK FOR THE CLOSE COMPLAINT # XXXX This response to the now CLOSED complaint feedback is necessary due to the fact that there are many discrepancies in the chain of events claimed within the COMPANY 'S RESPONSE and attachments submitted. I am asking the CFBP to reopen this claim due to the reasons stated herein and the NEWLY SUBMITTED ATTACHMENTS submitted with this complaint/addendum and feedback. For the record, I was never sent a copy of said adjudication by the Superior Court Judg assigned to this case, nor was I sent any documentation by the Plaintiff in this case. This court has made an error in stating that this motion was unopposed. See attachment of my rebuttal motion filed with the court on XX/XX/2023. This is an unjust ruling and i demand evidence and proof of mailing that any documents of a ruling was sent to me pertaining to this ruling by plaintiff as stated in the ruling and by law. There was an arbitration clause between plaintiff and XXXX XXXX which should have led to an immediate dismissal of plaintiff 's claims. For the record I DO NOT have a signed contract and agreement with with said Plaintiff. My due rights process and rights to appeal this decision was denied to me by the court clerk on said date not filing all of my paperwork as well as offering me legal advice by stating that i " did not need to file all of that paperwork '' and not sending me ANY documentation of these proceedings and subsequent final ruling in order for me to appeal any such ruling I will be issuing a new complaint in relation to this response and uploading the documentation as proof of my claims stated herein. This court is currently committing securities fraud and the Plaintiff and its attorney are acting in concert in committing such fraud. The upload will be marked as stated " XXXX XXXX
Company Response:
State: NJ
Zip: 07202
Submitted Via: Web
Date Sent: 2023-12-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-26
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: THIS IS NOT MY DEBT THIS DEBT DO NOT BELONG TO ME
Company Response:
State: GA
Zip: 30066
Submitted Via: Web
Date Sent: 2023-12-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-26
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: i was a victim of identity theft and the items are not mine and i request that they be deleted, also i will attach my FTC report below
Company Response:
State: MS
Zip: 395XX
Submitted Via: Web
Date Sent: 2023-12-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-26
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: i am a victim of identity theft and see attachment
Company Response:
State: TX
Zip: 77407
Submitted Via: Web
Date Sent: 2023-12-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-26
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX LVNV Funding has never sent me validation of the alleged debt that LVNV Funding has been reporting on my XXXX report since XX/XX/2023. I do not know where they received my private information. The collections account was reported open on XX/XX/2023 ; then by XX/XX/2023, LVNV Funding was reporting the account closed on my XXXX report still without validation and/or verification of this alleged debt. I have since then made a dispute with XXXX numerous of times and would like to know what investigation took place before LVNV Funding was placed on my credit report.
Company Response:
State: NC
Zip: 27104
Submitted Via: Web
Date Sent: 2023-12-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-26
Issue: Problem with a company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: The date of last activity was re-aged when this collection agency falsely stated that it was verified. Furthermore, the original account was never verified ; how can this account continue to report on my credit? Not only is the date last active incorrectly reporting, but the payment history is also inconsistent between the 3 bureaus. This is a clear violation of the FDCPA. This is unlawful reporting and the account LVNV FUNDING LLC XXXX must be removed immediately.
Company Response:
State: TX
Zip: 75071
Submitted Via: Web
Date Sent: 2023-12-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A