Date Received: 2023-01-23
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: I was notified of an alleged debt within 30 days and immediately disputed the validity of that debt with LVNV funding. A request for validity, verification and also proof of the chain of title of ownership was sent via certified mail to LVNV Funding. LVNV Funding has not provided the requested documentation and is in violation of 15 U.S.C. 1682g. Attached is the evidence of request that was sent to LVNV Funding.
Company Response:
State: FL
Zip: 33619
Submitted Via: Web
Date Sent: 2023-01-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-23
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: As a third-party intervener this company has negatively impacted me as a consumer. Pursuant to federal law They have committed fraud and several violations of the FDCPA and XXXX. They are now threatening me for an alleged debt that they claim I owe. I never received a Material Disclosure of any of the information that was supposed to be provided to me. they have taken an unfair advantage of me as a consumer, and they should be held accountable for deceiving me and not validating the debt. They have not validated anything ; they have ruined my character and general reputation by reporting erroneous information on my consumer report and included a symbol on the contents of the envelope for the mail courier or any person affiliated with the postal service or comes in contact with the envelope that alleges I owe a debt. Theyve act as if they are unaware of what I am requesting or that the law does not apply to them and I've included evidence and proof, pursuant to federal law with facts that prove that the law does apply to them and that they must adhere to them. They have not provided me with any original documents, and they have disregarded the law by saying, they do not have to provide me with anything except billing statements or applications, which is not proof of validation or proof that I owe anything. They are also claiming that they must report information to the credit bureaus, however cfpb handbook 3.1.1 furnishers incentives and decentives states- reporting to credit bureaus and other consumer agencies by creditors is voluntary and historically has been. Furnishers have multiple incentives to contribute data to XXXX one of which is for borrowers to make timely repayments. Their willful non-compliance has damaged my reputation as well as my credit file
Company Response:
State: LA
Zip: 70791
Submitted Via: Web
Date Sent: 2023-01-23
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-22
Issue: Threatened to contact someone or share information improperly
Subissue: Talked to a third-party about your debt
Consumer Complaint: This company is a debt collector and has put information about me on my consumer report. I have no affiliation with this company nor do I know who this company is. I have not given them any permission to use my information.
Company Response:
State: AL
Zip: 368XX
Submitted Via: Web
Date Sent: 2023-01-22
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-22
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I was contacted regarding a debt from XXXX XXXX In XXXX or so when I was XXXX, I along with other XXXX were conned into providing our information to open up a XXXX XXXX bank account. This person ultimately opened up car loans, credit cards and more in our names. This was disputed and ultimately found to be fraud in or around XXXX and it was removed from my account. Now, 10 years later a collection agency LVNV funding is trying to collect a debt that is not mine. I informed them it was fraud and requested they verified the debt with a signed contract, any payment history, and proof they are legally allowed to collect in my state. The only thing they sent was a bill from XXXX XXXX with my now married name ( XXXX ). When they called, I told them it was fraud and the lady stated " you can pay it or you will end up in court. '' I am a 100 % XXXX veteran that is already dealing with health difficulties, this has caused additional stress that I can not handle at this time. Nobody at LVNV has tried to help, just threatened to take legal action. I was in the process of trying to refinance my home and can not because of this derogatory mark on my account. Please help me.
Company Response:
State: GA
Zip: 300XX
Submitted Via: Web
Date Sent: 2023-01-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-22
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: LVNV is attempting to collect an alleged debt for a credit account I formerly held with XXXX XXXXXXXX XXXX After further research of the laws afforded to me as a federally protected person, LVNV ( a non-affiliate ) and XXXX XXXX XXXX violated the laws, as afforded to me through federal and state law, for improperly reporting my credit account to the three Credit Reporting Agencies ( CRAs ), [ XXXX ( a non-affiliate ), XXXX ( a non-affiliate ), and XXXX ( a non-affiliate ) ] ; sharing/selling my personal information to and from XXXX XXXX XXXX XXXX LVNV, and the CRAs ( non-affiliates ) without my expressed written consent ; engaging in misrepresentation of facts and abusive practices by alleging and communicating to me that a debt was owed to LVNV on behalf of XXXX XXXX XXXX when in fact LVNV willingly and knowingly purchased the debt from XXXX XXXX XXXX thus nullifying any alleged debt to XXXX XXXX XXXX XXXX and, damaging my credit reports, credit files, credit scores, and credit reporting history by reporting this alleged debt to the CRAs. This also misrepresented my creditworthiness and caused me financial and material damages as it prevented me from obtaining a more favorable credit rating ultimately resulting in me being denied credit, having a lower available credit line, and/or having a higher interest rate on certain lines of credit. The specific violations of law committed by LVNV and XXXX XXXXXXXX XXXX are, but are not limited to : The Privacy Act of 1974 and 15 USC 1681 ( 4 ) which states that I have the right to privacy. UDAAP which was published on the CFPB website based on their investigation and findings of GROSS negligence and violations of consumers rights by consumer reporting agencies, persons, entities, and other business companies and organizations whose regular business is to contract with consumers. 15 USC 1681 which states that there must be a permissible purpose for this information to be shared 15 USC 1681a which provides for the definitions and rules of construction where specifically subsection ( d ) Consumer Report. ( 1 ) In general.The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 1681b of this title. ( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( ii ) communication of that information among persons related by common ownership or affiliated by corporate control ; or ( iii ) communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons ; ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; ( C ) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made, and such person makes the disclosures to the consumer required under section 1681m of this title... Both XXXX XXXXXXXX XXXX and LVNV failed to meet and/or adhere to any of these definitions and violated my federally protected rights when they engaged in a monetary transaction to buy and sell my personal and financial information. 15 USC 1681b which states that there must exist a permissible purpose and that ( a ) In general, subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates. Neither XXXX XXXXXXXX XXXX nor LVNV obtained my written instructions. 15 U.S. Code 1681q - Obtaining information under false pretenses. LVNV obtained my personal information under false pretenses and/or stole my information from XXXX XXXX XXXX XXXX and/or XXXX XXXX XXXX was negligent in protecting my personal information. This also means that either XXXX XXXX Bank and/or LVNV is in violation of 15 USC 1681r , which is punishable by a fine under title 18 and/or no more than 2 years in prison.! 5 USC 1681 s-3 affiliate sharing. XXXX XXXX XXXX the CRAs, and LVNV have all violated these codes as LVNV and the CRAs are all defined as " non-affiliates '' to XXXX XXXXXXXX XXXX, and one another. None of these companies have/had the legal right to share/sell my information and violated this code. 15 USC 1692b Acquisition of location, under abusive debt practices, states Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall ( 2 ) not state that such consumer owes any debt ; ( 4 ) not communicate by post card ; ( 5 ) not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt. LVNV did violate this code by committing these acts. LVNV also violated 15 USC 1692c ( a ) Communication with the consumer which states that generally, 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 ( b ) Communication with third parties which states ; Except as provided in section 1692b of this title, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector. LVNV ( a non-affiliate ) violated this code when it reported, to the CRAs, my alleged debt with XXXX XXXX XXXX negatively affecting my credit score and overall creditworthiness. LVNV violated 15 U.S. Code 1692e and 15 USC 1681q- False or misleading representations by communicating that they had the legal right to collect any alleged debt on behalf of XXXX XXXX XXXX XXXX LVNV also violated this code by asserting that a debt was still owed to XXXX XXXX XXXX when in fact LVNV purchased the debt making the debt owed to XXXX XXXXXXXX XXXX " void '', " cancelled '', " redeemed '', and/or otherwise " paid in full ''. I had/have no contractual obligation to LVNV and have not, nor am currently engaged in any financial or other transaction with LVNV. Thus LVNV falsely and misleadingly attempted to construct a contract where none existed. LVNV 's purchase of the debt also effectively made it income according to federal law. Thus, LVNV is in violation of not providing me a 1099C to reflect that income. Due to these numerous violations of my federally protected rights, I am seeking federal and state remedies afforded to me under the governing laws and codes against the aforementioned companies.
Company Response:
State: NY
Zip: 11226
Submitted Via: Web
Date Sent: 2023-01-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-22
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: LVNV Funding placed this negative item on my credit reports without notifying me. This is an violation of the early-warning notice clause of FACTA act Section 623 ( A ) ( 7 ). This law requires all creditors and collectors to notify me by mail before placing negative items on my credit reports. I never receive written notification of this alleged debt at my address of XXXX XXXX XXXX XXXX XXXX XXXX
Company Response:
State: PA
Zip: 19104
Submitted Via: Web
Date Sent: 2023-01-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-21
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Problem with personal statement of dispute
Consumer Complaint: I submitted a verification letter to the company and received no response XXXX responded on XX/XX/2022 to verify the debt of $ XXXX company could not provide the original contract with my wet signature, creditor information such as name -address, and phone number of the original creditor, the payment history of the account such as itemized billing, and proof of ownership.
Company Response:
State: MI
Zip: 48183
Submitted Via: Web
Date Sent: 2023-01-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-22
Issue: Took or threatened to take negative or legal action
Subissue: Threatened to sue you for very old debt
Consumer Complaint: I am so tired of XXXX XXXX harassing me over a debt a dont owe. Charges were unauthorized through a XXXX XXXX XXXX XXXX overdraft checking account. I am currently under the care of my XXXX and XXXX The unauthorized charges occurred while I first started receiving XXXX years ago. I was hospitalized for months and XXXX after XXXX and XXXX XXXX XXXX XXXX was aware. I couldnt even XXXX so I could I make purchasing. I am still under the care of my XXXX and I have XXXX XXXX XXXX and still receiving XXXX. I am XXXX and you all want to harass me over a debt that I didnt create and a debt you all dont own. I dont mind going to court. My doctor told me not to worry about XXXX XXXX and not to let them stress you out. She stated you are under my care and if I have to intervene she will if they dont stop harassing you. Please mail out the papers certified so I can give my doctor a copy. I am so tired of this company. This company is interfering with my health and treatments. And it has to stop
Company Response:
State: GA
Zip: 30067
Submitted Via: Web
Date Sent: 2023-01-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-22
Issue: Took or threatened to take negative or legal action
Subissue: Threatened to arrest you or take you to jail if you do not pay
Consumer Complaint: I have contacted each person and let them know that was not me and that my name was incorrectly spelled and wrong on paperwork but they continue to call I have written to all of them that's on my credit file and let them know either wrong address wrong phone number or wrong name and they still continue to harass me I would like all them to be deleted off of my credit report thank you
Company Response:
State: NV
Zip: 89106
Submitted Via: Web
Date Sent: 2023-02-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-21
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: On XXXX. XXXX, 2019 LVNV FUNDING LLC Account -- {$140.00} that I owe. I have never signed any written document saying that I owe this debt to the collector. They are violating my rights of the FCRA as a consumer. I do not know who they are and have not written consent from my end. Also, they have not verified that I owe this debt to this alleged company. Please have this removed from all three credit bureus. XXXX XXXX
Company Response:
State: FL
Zip: 322XX
Submitted Via: Web
Date Sent: 2023-01-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A