Date Received: 2022-12-14
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I am writing to dispute fraudulent charges on my account, XXXX XXXX XXXX, LVNV FUNDING LLC, XXXX XXXX, XXXX XXXX, XXXXXXXX XXXX XXXX XXXX. I am a victim of identity theft, and did not make these charges nor did I authorize or approve these accounts to be opened. I am requesting for these accounts to be removed immediately.
Company Response:
State: FL
Zip: 32828
Submitted Via: Web
Date Sent: 2022-12-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-12-13
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: Resurgent Capital Services is attempting to collect a debt that is not owed. I have never entered into a contract with Resurgent Capital Services or LVNV Funding LLC. I have made repeated request that the company validate the debt, all the while the company provide a deceitful claim as proof. This debt is being reported as a new debt every month by the company along with negative information sent to the credit reporting agencies. I submit that the company Resurgent Capital Services has violated multiple statues of the Fair Debt Collection Practices Act ( FDCPA ) ( 15 U.S.C. ) 1692p
Company Response:
State: OH
Zip: 44102
Submitted Via: Web
Date Sent: 2022-12-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-12-13
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: On or about XX/XX/XXXX, I filed a complaint with the CFPB regarding the improper reporting of a credit account on my credit report by PYOD LLC who was attempting to collect an alleged debt for an account I formerly held with XXXX XXXX XXXX. The outcome of that complaint resulted in the removal of PYOD LLC ( a non-affiliate ) from all of my credit reports. After further consideration of the laws afforded to me as a federally protected person, PYOD LLC ( a non-affiliate ) and XXXX XXXX XXXX owe me remedies, as afforded to me through federal and state law, for improperly reporting my credit account to the three Credit Reporting Agencies ( XXXX ), XXXX ( a non-affiliate ), XXXX ( a non-affiliate ), and XXXX ( a non-affiliate ) ; sharing my personal information between XXXX XXXX XXXX, the XXXX ( non-affiliates ) and PYOD LLC ( a non-affiliate ) without my expressed written consent ; selling my personal information without my written consent to a non-affiliate ( i.e. PYOD LLC ) ; misrepresentation of facts by alleging and communicating to me that a debt was owed to PYOD LLC ( a non-affiliate ) on behalf of XXXX XXXX XXXX when PYOD LLC ( a non-affiliate ) willingly and knowingly " purchased the debt '' from XXXX XXXX XXXX thus nullifying any alleged debt to XXXX XXXX XXXX ; and, damaging my credit report and credit reporting history by reporting this alleged debt to the XXXX which 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 PYOD LLC ( a non-affiliate ) and XXXX XXXX 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. 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. ( XXXX ) 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. ( XXXX ) Exclusions.Except as provided in paragraph ( XXXX ), 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 XXXX XXXX and PYOD LLC ( a non-affiliate ) 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 : ( XXXX ) In accordance with the written instructions of the consumer to whom it relates. Neither XXXX XXXX XXXX nor PYOD LLC ( a non-affiliate ) obtained my written instructions. 15 U.S. Code 1681q - Obtaining information under false pretenses - In the attached letter from XXXX XXXX XXXX, it states that XXXX XXXX had no knowledge of how PYOD LLC ( a non-affiliate ) obtained my information nor that they were attempting to collect any alleged debt from me. However, in PYOD LLC 's ( a non-affiliate ) response letter to the complaint filed with the CFPB on or about XX/XX/XXXX, PYOD LLC asserts that they " purchased '' the " debt '' from " XXXX XXXX XXXX ''. Thus, the two ( 2 ) letters conflict in how PYOD LLC obtained my personal information which was under XXXX XXXX 's fiduciary and material care from approximately XXXX to XXXX. This also means that PYOD LLC ( a non-affiliate ) may have obtained my personal information under false pretenses and/or stole my information from 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 PYOD LLC is in violation of 15 USC 1681r , which is punishable by a fine under title 18 and/or no more than 2 years in XXXX. ! 5 USC 1681 s-3 affiliate sharing. XXXX XXXX XXXX, the XXXX, and PYOD LLC ( a non-affiliate ) have all violated this code as PYOD LLC and the XXXX are non-affiliates to XXXX XXXX XXXX, and one another. None of these companies had the legal right to share 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. PYOD LLC ( a non-affiliate ) did violate this code by committing these acts. PYOD LLC ( a non-affiliate ) 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. PYOD LLC ( 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. PYOD LLC 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 PYOD LLC also violated this code by asserting that a debt was still owed to XXXX XXXX XXXX, when in fact PYOD LLC had purchased the debt making the debt owed to XXXX XXXX XXXX " void '', " cancelled '', " redeemed '', and/or otherwise " paid in full ''. I had/have no contractual obligation to PYOD LLC and have not, nor am currently engaged in any financial or other transaction with PYOD LLC XXXX Thus PYOD LLC falsely and misleadingly attempted to construct a contract where none existed. 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: CA
Zip: 95648
Submitted Via: Web
Date Sent: 2022-12-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-12-13
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: LVNV Funding LLC is in violation of 15 USC 1692g validation of debt : they violated my consumer rights for failing to follow dispute procedures they reported and alleged debt on my consumer report without sending me written notification allowing me to dispute the alleged debt and for them to validate it. They are in direct violation of the Fair Credit Reporting Act and Fair Debt Collection Practices Act, LVNV funding LLC willing fully and knowingly reported false and misleading information to my consumer report. They reported the information on my consumer report under fraud to extort money from me and defamed my character without validating the alleged debt. They assumed the debt was valid through hearsay according to the FCRA it says the information reporting must be 100 % accurate how would they know if it was 100 % accurate without doing an investigation, I don't know this company I have never done business with company I don't have a binding contract with both parties ' signature meaning myself and LVNV Funding LLC, with both having equal consideration to obligate me to pay LVNV Funding LLC. They are also in violation of 15 USC 6802 Obligation of with respect to disclosures of personal information. I never gave consent or written authorization for this company to have my personal information according to 15 USC subsection 1028a ( a ) ( 1 ) that is aggravated identity theft LVNV Funding LLC does not have consent or authorization from me to have my personal information.
Company Response:
State: NJ
Zip: 07109
Submitted Via: Web
Date Sent: 2022-12-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-12-13
Issue: Written notification about debt
Subissue: Notification didn't disclose it was an attempt to collect a debt
Consumer Complaint: In accordance with the Fair Credit Reporting act. The List of accounts below has violated my federally protected consumer rights to privacy and confidentiality under 15 USC 1681. XXXX Account # XXXX ( input accounts ), has violated my rights. 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 : It also states a consumer reporting agency can not furnish a account without my written instructions 15 U.S.C 1681c. ( a ) ( 5 ) Section States : 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. 15 U.S.C. 1681s-2 ( A ) ( 1 ) 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.
Company Response:
State: FL
Zip: 33584
Submitted Via: Web
Date Sent: 2022-12-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-12-13
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I asked XXXX and XXXX credit to fully investigate an error on my credit profile over 90 days ago. I become aware of the fraud accounts during an annual security check. Since XXXX I have lived and worked only in XXXX, and XXXX. I learned that a third party opened many accounts with a close approximation to my name in XXXX at an address in XXXX Texas that I have never lived at or that I am familiar with. XXXX bought a fraudulently opened account they claim to be my account from XXXX XXXX. XXXX XXXX has admitted the account is fraud, and even advised that the last name on the account was XXXX, not XXXX! Yes, the name of the guy from friends. They then sold the fraudulently opened account to XXXX. XXXX refused to remove this account which clearly is not my account, from my credit bureau. They have threatened to sue my XXXX XXXX XXXX father. I demand that XXXX, XXXX XXXX and XXXX are sanctioned for their illegal actions against me, in violation for the Fair Debt Collections act, and in violation of the Fair Credit Reporting Act. They are unable to produce any proof that I ever opened the account, because I did not, and I was not even in the United States when the fraud activity occurred. According to 15 USC 1681i TransUnion has 30 days to investigate and send me the results. They failed to do so, and even asked you for more time 30 days ago! This is not OK.
Company Response:
State: ME
Zip: 043XX
Submitted Via: Web
Date Sent: 2023-01-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-12-13
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: LVNV FUNDING LLC is falsely reporting on my credit with a Balance of {$700.00} and Account number XXXX. LVNV FUNDING LLC is a debt collector. They committed identity theft on me. This account is falsely reporting and violating my rights and the fair credit reporting act. Pursuing to 15 U.S. Code 1681d- Disclosure of Investigative Consumer Violation. A person may not procure or cause to be prepared an investigative consumer report on any consumer unless ( 1 ) it is clearly and accurately disclosed to the consumer that an investigative consumer report including information as to his character, general reputation, personal characteristics, and mode of living, whichever are applicable, may be made, and such disclosure ( A ) is made in writing and mailed, or otherwise delivered, to the consumer, not later than three days after the date on which the report was first requested. Pursuing to 15 U.S.C 1681 section 602 A. States I have the right to privacy. I request to be provided proof of this alleged debt, specifically the original contract and instrument bearing my signature with LVNV FUNDING LLC. Failure to show results on this alleged debt should be deleted from my credit report as soon as possible. Under federal law, you have 30 days for a reinvestigation. I will also be seeking monetary relief per violation for 1. Defamation of character 2. Negligent Enablement of Identity Fraud 3. Violations of 15 U.S.C 1692g. I further remind you that, as in XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, you may be liable for your willful non-compliance. I respectfully request that your office provides me with competent evidence that I have any legal obligation to pay you. At this time I will also inform you that if your offices have or continue to report invalidated information to any of the three major credit bureaus ( XXXX, XXXX, and XXXX ), this action might constitute fraud under both federal and state laws.
Company Response:
State: PA
Zip: 19139
Submitted Via: Web
Date Sent: 2022-12-13
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-12-13
Issue: Threatened to contact someone or share information improperly
Subissue: Contacted your employer
Consumer Complaint: This company has called me to my previous work number constantly throughout the work day. As well as stated they where handing my debt to an attorney and constantly call throughout the day. I have received no letter in the mail regarding the debt and I've only received harassing phone calls constantly throughout my workday from different phone numbers, as well as them putting on my credit report that they are handing my debt to an attorney.
Company Response:
State: FL
Zip: 32301
Submitted Via: Web
Date Sent: 2022-12-13
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-12-14
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 the 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 U.S. C. 1001. Additionally, these misstatements are punishable as perjury under 18 U.S.C. 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: TX
Zip: 76227
Submitted Via: Web
Date Sent: 2022-12-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-12-14
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 the 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 U.S. C. 1001. Additionally, these misstatements are punishable as perjury under 18 U.S.C. 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: TX
Zip: 76227
Submitted Via: Web
Date Sent: 2022-12-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A