Date Received: 2022-12-17
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: I sent a letter certified mail to LVNV Funding LLC asking for 1. Validation of the debt- that is the actual accounting 2.Verification of a signed invoice 3.A copy of the contract binding both parties ( myself XXXX XXXX, and LVNV Funding LLC ) however XXXXcording to 15 USC 1692 E,15 USC 1692 D,15 USC 1692 XXXX not use language or symbol of any envelope or in the contents of any communication effected by the mail or telegram that indicated the debt collector is in the debt collection business or that the communication related to the collection of debt
Company Response:
State: PA
Zip: 194XX
Submitted Via: Web
Date Sent: 2022-12-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-12-17
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I have disputed this account serval times. I demanded to see the Verifiable Proof ( an original Consumer Contract with my Signature on it ) you have on file for the accounts listed below. Your failure to positively verify these accounts has hurt my ability to obtain credit. Under the FCRA, unverified accounts must be removed and if you are unable to provide me a copy of the verifiable proof, you must remove the accounts listed below. LVNC Funding {$120.00} XXXX Unverified Account
Company Response:
State: TX
Zip: 77079
Submitted Via: Web
Date Sent: 2022-12-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-12-16
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I receive regular notifications that I owe XXXX XXXX ( creditor ) {$470.00} via Resurgent ( collection agency ) to LVNV Funding ( current owner ). I have been a long-time XXXX XXXX customer, don't recall an outstanding debt, was never contacted by XXXX XXXX about the debt... they know where to find me, and have checked with XXXX XXXX about it. My sense is this is a collections scam.
Company Response:
State: MD
Zip: 212XX
Submitted Via: Web
Date Sent: 2022-12-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-12-16
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: When this company contacted me over the alleged debt, they are required to provide me with certain information about the debt theyre trying to collect. Per ref ( b ) under the CFPBs Debt Collection Rule they provide NO clarifying provisions of the Fair Debt Collection Practices Act ( FDCPA ) which became effective on XX/XX/2021. The CFPBs debt collection rule requires debt collectors to provide certain information when they first communicate with you or soon after ( generally within 5 days ). When the debt collector provides this required information electronically or in writing, it is called a validation notice. The validation notice is meant to help you recognize whether the debt is yours and dispute the debt if it is not yours. The notice generally must include : A statement that the communication is from a debt collector The name and mailing information of the debt collector and the consumer The name of the creditor to whom the debt is owed It is possible that more than one creditor will be listed The account number associated with the debt ( if any ) An itemization of the current amount of the debt that reflects interest, fees, payments and credits since a particular date, the itemization date The current amount of the debt as of when the validation information is provided Information about your debt collection rights, including language that : If you dont dispute the debt within 30 days the debt collector will assume the debt is valid If you do dispute the debt in writing within 30 days the debt collector must stop collection until it provides you verification of the debt If you request the name and address of the original creditor ( if different from the current creditor ) within 30 days, the debt collector will provide you that information Information on how to dispute the debt The notice must include a tear-off form that you can send back to the debt collector to dispute the debt or take other actions. You may see other information on your validation notice, but the information listed above generally must be included. This agency failed to provide that information and forwarded to credit bureaus which is a violation. The reason for this second complaint is because, this Agency provided this information to the credit bureaus as retaliation for reporting their company for not being in full compliant with FDCPA.
Company Response:
State: IL
Zip: 60629
Submitted Via: Web
Date Sent: 2022-12-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-12-16
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: XX/XX/22 submitted dispute to all 3 credit reporting agencies for unknown debt listed from LVNV funding. results indicated n were verified as accurate. sent certified letter on XX/XX/22 to LVNF funding requesting verification of the alleged debt.They have failed to respond and continue to maintain this inaccurate unverifiable debt on my credit report violating the FCTA and FDCPA. I have been unable to resolve this matter with them. I intend to pursue legal action against them in federal court for their unlawful violations if they refuse to immediately remove said accounts.
Company Response:
State: CA
Zip: 92656
Submitted Via: Web
Date Sent: 2022-12-16
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-12-16
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: I have sent LVNV FUNDING LLC certified letter asking for verification of the negative account they are reporting they were not able to validate the account Im asking account to be removed because its stopping me from get my home loan.
Company Response:
State: MO
Zip: 63136
Submitted Via: Web
Date Sent: 2022-12-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-12-16
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I declare under penalty of perjury ( under the laws of the United States, if executed outside of United states ) that the foregoing is true and correct to the best of my knowledge. Further i certify that i am permitted by FEDERAL and STATE LAW to file this dispute. I also understand that knowing and willful misstatements or omissions of material facts constitutes a FEDERAL CRIMINAL VIOLATION punishable under 18 USC 1001. Additionally, these misstatements are punishable as perjury under 18 USC 1621. This collection found within my credit report are not related to any transaction that i made. i am alleging that a person or company- without my authorization- used my personal identifying information to apply for goods, services, or money and was successful in creating some accounts. All is being investigated by the FTC.
Company Response:
State: CA
Zip: 95401
Submitted Via: Web
Date Sent: 2022-12-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-12-16
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: LVNV FUNDING received a REQUEST for debt validation signed. They failed to produce this documentation signed. Therefore the alleged account is now settled and closed. Concurrently they never responded with a debt validation letter with a signature or a true bill of indictment for the alleged bill. This account has been deemed usurious by Florida law below 687.02Usurious contracts defined. ( XXXX ) All contracts for the payment of interest upon any loan, advance of money, line of credit, or forbearance to enforce the collection of any debt, or upon any obligation whatever, at a higher rate of interest than the equivalent of XXXX percent per annum simple interest are hereby declared usurious. However, if such loan, advance of money, line of credit, forbearance to enforce the collection of a debt, or obligation exceeds {$500000.00} in amount or value, then no contract to pay interest thereon is usurious unless the rate of interest exceeds the rate prescribed in s. 687.071. ( 2 ) As amended by chapter 79-592, Laws of Florida, chapter 79-274, Laws of Florida, which amended subsection ( 1 ) : ( a ) Shall apply only to loans, advances of credit, or lines of credit made on or subsequent to XX/XX/1979, and to loans, advances of credit, or lines of credit made prior to that date if the lender has the legal right to require full payment or to adjust or modify the interest rate, by renewal, assumption, reaffirmation, contract, or otherwise ; and ( b ) Shall not be construed as diminishing the force and effect of any laws applying to loans, advances of credit, or lines of credit, other than to those mentioned in paragraph ( a ), completed prior to XX/XX/1979.
Company Response:
State: FL
Zip: 33168
Submitted Via: Web
Date Sent: 2022-12-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-12-15
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: Debt Collector : LVNV FUNDING LLC Original Creditor : XXXX XXXX XXXX XXXX XXXX balance : XXXX After reviewing my credit profile. I identified this inaccurate fraudulent account under Eastern Account System. I have not received any correspondence from the creditor to validate this account is correctly belonging to me, nor has my credit report been updated to reflect this account is disputed and therefore a 2nd validation letter was sent out on this day, After reviewing credit report again on XX/XX/2022 there has been no updates and account is still reflecting on my report. This account does not belong to me nor does the creditor have authorization to access the account nor authorization to attempt to collect on this account and the account continues to negatively affect me. At this time, I will also inform you that your offices have reported invalidated information to all XXXX credit bureaus ( XXXX, XXXX, and XXXX ) this action will constitute fraud under both Federal and State laws. Due to this fact. If any negative mark is found on any of my credit reports by your company that you represent I will not hesitate in brining LEGAL ACTIONS against you and your client for the following Violation of the Fair Credit Reporting Act, Violation of the Fair Debt Collections Act, and Defamation of Character. 15 U.S.C. 1681 section 602A States I have the right to privacy 15 U.S.C. Section 604A Section 2 It also states a consumer reporting agency cant furnish a account without my written instructions 15 U.S.C. 1681c ( a ) ( 5 ) Section States no consumer reporting agency may make many consumer report containing of the following items of information Any other other adverse item of information other than records of convictions of crimes 15 U.S.C. 1681s-2 ( A ) ( 1 ) A person shall not furnish any information relating to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate Please strike and remove this account from all 3 credit bureaus ( XXXX, XXXX, and XXXX ) XXXX adequate validation has been received proving that the account belongs to me and all information is correct
Company Response:
State: GA
Zip: 30039
Submitted Via: Web
Date Sent: 2022-12-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-12-15
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: CFPB COMPLAINT NUMBER XXXX WAS NOT COMPLETED WITHIN THE 30 DAYS AS REQUIRED BY LAW.
Company Response:
State: GA
Zip: 30214
Submitted Via: Web
Date Sent: 2022-12-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A