Date Received: 2023-12-26
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: This debt collector ( LVNV FUNDING LLC ) has engaged in abusive, deceptive, and unfair practices of the FDCPA which it prohibits. They furnished this account that we didn't agree upon and I didn't sign an agreement on. A legal contract is signed by two parties and I did not participate in any of it. More so they didn't follow the proper 5 step validation procedure which makes this unfair practices. According to the FDCPA I'm entitled to {$1000.00} per violation and clearly they violated my rights. Collection Acct : LVNV FUNDING LLC OPEN BALANCE : {$1000.00} ACCOUNT OPENED : XX/XX/ XXXX XXXX
Company Response:
State: GA
Zip: 30097
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 already discharged in bankruptcy and is no longer owed
Consumer Complaint: LVNV received my phone information fraudulently. The original creditor charged off this account and was fully credited. After the creditor was fully credited and filed 1099C with the irs, the original creditor sold my personal information so that their partners would attempt to collect an another full credit. LVNV has now began selling my information to other companies. So the Original creditor is selling my personal financial information to companies like LVNV and LVNV is billing me, and LVNV has began to sell my information to other companies. I asked the original creditor or the 1099C and they hung up the phone after saying they have no record of sending it in 2022. This account was fully credited in 2022. LVNV is clouding my credit report unfairly and violating my rights under the Fair Credit Reporting Act, Fair Debt Collections Practices Act, and The Fair Credit Billing Act. Aside from this, this account has never been validated, they only have a credit bill but they do not have a credit card agreement. They no signature and no record of a contract to sign up for a credit card. All they have is bills, which is not a credit card agreement. A bill comes after their is already an agreement but its not proof an agreement. They have no copy of identification of anything that says I signed up for a card. However, they have already been fully credited and for this reason I do not wish to be Harassed via phone calls, stalked via US mail, or any contact. I have been bullied for over a year now and I have lost opportunity for first time home buyer programs, renovation loans, and more and because of this my son and I have not been able to move into a new neighborhood. We have wasted time and money trying to clear my credit but LVNV reports late payments every month as if I active account. They also ran my credit as If they are a cared company. Im not sure why they have so much power of my life without oversight.
Company Response:
State: NY
Zip: 10453
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: LVNV funding llc, XXXX XXXX XXXX and XXXX XXXX XXXX have purchased my accounts from other creditors and do not have proof that I owe anything to them.
Company Response:
State: AZ
Zip: 851XX
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: XXXX XXXX popped up on my XXXX, they are the result of identity theft, XXXX has not blocked them. XXXX XXXX ( I have never heard of this company ) I have submitted complaints her for them, but the CFPB is never able to resolve it because they can not get into contact with them, and has even sent it to the FTC for investigation. the other is LVNV funding, which is for a XXXX XXXX card I haven't had, I have had XXXX XXXX XXXX card which was paid off in 2018, I never got another one after that. I have provided all the required documention the FCRA requires, and it has yet to be blocked.
Company Response:
State: MI
Zip: 49015
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 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 XX/XX/XXXX with a balance of {$250.00} and another account XX/XX/XXXX with a balance of {$1700.00}. 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 in the middle of building my credit. 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 XXXX XXXX XXXX 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: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: In accondance with the Fair Credt Reporting Act I am not liable for this debt of {$910.00} with LVNV FUNDING LLC, LVNV FUNDING LLC Account XXXX.which has violated my rights. I do not have a contract wi th LVNV FUNDING, they did not provide me with the original contract as I requested with my wet signature and ID verification. I also can provide inaccurate information between the 3 credit bureaus in which Ive contacted to dispute the account 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 : 11 also states a consumer reporting agency can not furnish a accourt without my written instructions 15 U.S. C 1681s-2b
Company Response:
State: VA
Zip: 23666
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 company was previously removed from my credit report due to several inaccuracies and FCRA violations. They have written me again continuously trying to collect a debt not owed. The verification of debt they have sent is not the original purchase agreement and they also do not have the correct information such as my legal name, phone number or address. Furthermore, this financial institution does not have my written consent to disclose my personal information to any third party neither did the original creditor which makes this a violation of the FCRA according to 15 USC 6802 ( b ) ( 1 ) ( B ).
Company Response:
State: GA
Zip: 31601
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: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: XXXX loan was charged off by original lender years ago. XXXX funding acquired a XXXX XXXX account this year and included the other account at their own will. XXXX XXXX XXXX did not sell this loan to them they assumed this account on there own predatory practices. They have not produced any original paperwork and have ceased sending notices and calling about those debt. This loan was open in XXXX charged off by XXXX. XXXX was not aware that they assumed this debt.
Company Response:
State: GA
Zip: 30253
Submitted Via: Web
Date Sent: 2023-12-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-25
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: This company is reporting false information to the credit bureaus. I do not own this company any money because I never did business with this company. I have contacted this company multiple times and yet they can not provide me with proof of me owning them anything. Yet I do not owe this company anything they are continuing to report to the credit bureaus.
Company Response:
State: GA
Zip: 315XX
Submitted Via: Web
Date Sent: 2023-12-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-25
Issue: Incorrect information on your report
Subissue: Old information reappears or never goes away
Consumer Complaint: This debt is over five years old and should be removed from my credit report. Oklahoma statue of limitation for contractual debt is five years, and I reside in the state of Oklahoma. My last date of activity for my synchrony bank account is XX/XX/XXXX, but LVNV has inaccurately reported the date of XX/XX/XXXX. I asked for documentation from LVNV due to the inaccurate information and documents supplied from them confirm my last date of activity for synchrony bank was indeed XX/XX/XXXX. I have also filled a motion to dismiss in XXXX XXXX court due to LVNV inaccurately reporting the last date of activity, and removal on my credit report. XXXX removed LVNV from my credit report, and XXXX removed it at first but then placed it back on my credit report, because they claimed LVNV said the information is correct. I even gave XXXX the documents from LVNV showing that the dates are incorrect and that the restarted my date of debt that is now outside of the statues of limitation. I have filed XXXX disputes regarding this with XXXX. XXXX online, and another over the phone with all the required documentation. XXXX is refusing even with the documentation to remove this from my credit report even though it is outside of the statue of limitations in the state of Oklahoma. LVNV has been sued several times for restating the debt on consumers credit report and continues to do the same today. Attached are the statements from LVNV showing that the debt is over five years old and in the state of Oklahoma is no longer within statues to collect.
Company Response:
State: OK
Zip: 73069
Submitted Via: Web
Date Sent: 2023-12-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A