Date Received: 2023-12-21
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 XXXX XXXX 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 XXXX XXXX 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, but XXXX refused to saying that 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. XXXX told me there was nothing that could do even when I called them over the phone regarding the dispute. 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: 2023-12-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-21
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: Original debt is not mine.
Company Response:
State: OR
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-12-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-21
Issue: Electronic communications
Subissue: Frequent or repeated messages
Consumer Complaint: On XX/XX/XXXX of this year, I contacted Resurgent Capital Services company requesting they validate my obligation and to send me the contract showing I owed the debt to their client being " LVNV '' and suspend with all collection activities until they had proof that I owed the debt. They sent me some invoice from " XXXX '' but not the actual contract of this debt. They did, however, submit all of the information while the investigation was on going to the varies credit agencies which have negatively impacted my credit score. from what I understood, they are collecting a debt for LVNV Funding LLC another debt collection company. I have not had any service or contact with them.
Company Response:
State: GA
Zip: 305XX
Submitted Via: Web
Date Sent: 2023-12-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-21
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: LVNV FUNDING HAS continually reported incorrect, untrue, and constantly changing the method of reporting creating an unfavorable financial profile thus KNOWINGLY AND INTENTIONALLY damaging, interfering, and stalling any opportunity for I to be able to obtain any type of credit function in 'PURCHASE MONEY LOANS '', housing rental nor a mortgage. This has been disputed prior on multiple attempts with requests to provide " PROOF '' of Debt being owed between I and LVNV Funding to no response in this matter. No factual evidence has been brough forth of a true obligation with a " contract ' with wet ink signature. No 'PURCHASE AGREEMENT ''. Nothing to the effect of any contractual obligation of a debt relationship of a creditor-debtor nature. This amount is not owed to LVNV Funding as no true lien exist through the legal court system evidencing an obligation, especially as no lien exist through the STATE OF ARIZONA SECRETARY OF STATES OFFICE in the form of a UCC Financing Statement nor a UCC 3 Amendment establishing and evidencing the fact. NO LIEN, NO DEBT OWED. REMOVE IMMEDIATELY THE CURRENT AND FUTURE REPORTING OF A FALSE AND UNTRUE DEBT. Remedy in the form of litigation pursuing damages will be brought forth. and lastly, LVNV Funding is in violation of copyright trademark infringement and has currently 11 violations in the fine amount of {$250000.00} per occurrence per vendor violation. This is going to be sought through litigation especially if no correction is conducted by LVNV Funding effective immediately.
Company Response:
State: AZ
Zip: 85338
Submitted Via: Web
Date Sent: 2023-12-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-21
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 states, There is a need to insure that consumer reporting agencies exercise their grave responsibilities for fairness, impartiality, and a respect for the consumers right to privacy. XXXX, XXXX and XXXX are consumer reporting agencies and I am the Consumer. I have the right to make sure my private information isnt 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 information.Resurgent/LVNV Funding are financial institutions by definition under that title. Pursuant to 15 USC 1681a, ( 2 ) Exclusions : ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Reporting Transaction history is illegal. Per 15 USC 1681b Permissible purposes of consumer reports -In accordance with the written instructions of the consumer to whom it relates. I never gave written instructions authorizing the creditor to send my personal information to any credit bureau. The Creditor did not get my consent to add anything to my consumer report, which is a violation of the Fair Credit Reporting Act. -XXXX XXXX XXXX ( XXXX XXXX. XXXX ), states that any agency can only get my consumer report in response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ). 15 USC 1681 section 604 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. Resurgent/LVNV Funding are the financial institutions and the Consumer reporting agencies XXXX, 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 and XXXX ; Also Resurgent/LVNV Funding 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 unlessthe consumer is given an explanation of how the consumer can exercise that nondisclosure option. " Resurgent/LVNV Funding ; 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. These accounts are adverse items they are reporting again without my permission which is against the law. 15 USC 1681s 2 ( A ) ( 1 ) states, A person shall not furnish any information relating to a consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 15 USC 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, 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 to XXXX, XXXX and XXXX.
Company Response:
State: MD
Zip: 20747
Submitted Via: Web
Date Sent: 2023-12-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-22
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: LVNV Funding LLC, continues to place incorrect information on all of my credit reports, including XXXX, XXXX, XXXX and XXXX. I have never had an account with this company. I have never signed a contract with this company. I have told this company that if they claim that I have signed a contract with LVNV Funding LLC, to send me a copy of the original contract with my original signature. They can't provide that because I have never signed any contracts with LVNV Funding LLC. I want this fraudulent information removed from all of my credit reports and for LVNV Funding LLC to refrain from putting this information on any of my credit reports in the future and I want it removed from all my credit reports within 30 days. They are knowingly trying to adversely affect my credit rating.
Company Response:
State: GA
Zip: 30331
Submitted Via: Web
Date Sent: 2023-12-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-22
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, 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, and this is supported 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 Capital Services L.P. and LVNV Funding LLC are all financial institutions 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 Capital Services L.P. and LVNV Funding LLC financial institutions and the Consumer reporting agencies XXXX, XXXX and XXXX do not have my consent to furnish this information and they certainly do not have my written consent. Any and all consent to XXXX, XXXX, XXXX, XXXX XXXX XXXX XXXX, Resurgent Capital Services L.P. and LVNV Funding LLC 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 Capital Services L.P. and LVNV Funding LLC never made me aware of my right to use my nondisclosure option. In addition, 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. '' They are reporting these adverse items without my consent, which is illegal. 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. '' I have reached out to XXXX numerous times to let them know the information was inaccurate no where during these times did they stop reporting it. 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, 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. Furthermore, this is also a violation of the Privacy Act of 1974, 5 U.S. Code 552a, as you do not have my written instruction.
Company Response:
State: CA
Zip: 90034
Submitted Via: Web
Date Sent: 2023-12-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-21
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I have accounts on my credit that the credit bureaus keeps claiming is verified but I the collection agency can not and did not verify the debt with me, LVNV funding can not provide any contract with my signature, payment history or dislclaimer of any kind to prove I owe this debt. I have been challenging items in my credit report with XXXX XXXX for over a year with same inaccuracy and unverified accounts. They are taking over 45 day to complete investigations only to get no results, I need them to remove the inaccurate nonverified accounts from my report.
Company Response:
State: GA
Zip: 30082
Submitted Via: Web
Date Sent: 2023-12-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-20
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: Charge off is inaccurate account according to IRS charge off can't be reported as ordinary income 15 USC 1681 ( b ) or neither have I've received 1099 c form Resurgent/LVNV Funding LLC . Referance ID : XXXX stated {$3900.00} balance. Sharing information with another 3rd party /non affiliate which is in violation of my 16 CFR 313.7 Opt-Out notice. LVNV/ Resugent violated my rights as well under 15 USC 6802-6805 They are supposed to send me an opt-out letter with their initial letter. Per the Fair Credit Reporting Act as a federally protected consumer, I am now opting out of authorization I the consumer may have given LVNV written, un-written, verbal and non-verbal per 15 USC 6802. I am " opt-out '' of LVNV reporting on to 3rd party/non-affiliate credit agencies. Resurgent/Lvnv Funding company continues to violation of FDCPA, PA, FCRA, ECOA, RICO, CCPA and FTCA CCPA have the right to XXXX or XXXX per violation. 15 USC 1681n, 15 USC 1681b, 15 USC 6801, 15 USC 1681a, 15 USC 1666b, 15 USC 1681e, 12 CFR 1022.3 Please remove this account from consumer report immediately. Per listed violations above, consumer reporting must have my written consent. Per listed violations above, consumer report can not report late payments nor transaction history relating to account. Consumer does not agree nor consent to use of my private consumer report. Please cease and desist all communication activities including communication with me through consumer reporting. This is a deceptive practice by Resurgent/Lvnv Funding and is in violation of my privacy under Privacy Act of 1974. I did not verbally nor did I provide written agreement of sharing my personal information with 3rd party, non-affiliate companies as I am opt-out of 3rd party and non-affiliate sharing of my information. the consumer will take it a step further in seeking remedy per 15 USC 1692k. reporting under the Fair Credit Reporting act but also this damage could affect my rights to credit under the Equal Credit Opportunity Act if fraudulently reported. I ask that unless Resurgent/Lvnv Funding can provide me original signed contracts with my signature, that you cease and desist. Resurgent/Lvnv Funding is harassing me and failed to provide any documentary evidence of such alleged debt. There is no true bill.
Company Response:
State: MT
Zip: 594XX
Submitted Via: Web
Date Sent: 2023-12-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-20
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: They contacted me about debt on XX/XX/2022. It turns out it is for a XXXX XXXX who lived at XXXX XXXX XXXX. I have never lived there. I responded XX/XX/2022 with debt verification request and questions from the guidance of the cfpb website. They communicated that they received my notice of a dispute and would pause all collection activity and said they would not resume collection activity until provided with valid documentation. However, there was never a pause and they had already submitted negative credit reporting online without contacting me first. They have also still never removed it nor have they responded to my questions that I had sent them.
Company Response:
State: PA
Zip: 152XX
Submitted Via: Web
Date Sent: 2023-12-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A