Date Received: 2023-12-20
Issue: Getting a credit card
Subissue: Card opened without my consent or knowledge
Consumer Complaint: A person that I had long lived with opened several fraudulent accounts in my name, including with LVNV. I did not know of its existence until a credit report was run. I then confronted the individual who opened the account. I have disputed the account with LVNV directly multiple times now, but they are insistent the account is mine. I have requested information that convinces them of this. Up to this point, they have provided some information, but nothing that definitively demonstrates that I created it. I filed reports with the local sheriff 's department, the credit bureaus, the FTC, and the FBI. By now, most creditors have acknowledged this and closed and deleted the fraudulent accounts from my credit reports.
Company Response:
State: IL
Zip: 620XX
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: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: LVNV Funding LLC I am responding to your last letter about collecting a debt. XXXX XXXX ; CFPB Case # : XXXX Account Number : XXXX Original Creditor : XXXX XXXX XXXX XXXX Current Owner : LVNV Funding LLC Reference Number : XXXX Simply stating in your last letter you verified without providing a signed contract is unacceptable. I am not responsible for the debt youre trying to collect. If you have good reason to believe I am responsible for this debt, please attach a signed contract to your response on this portal for this claim. Documents showing my responsibility, including but not limited to : A signed contract proving this debt belongs to me. Stop all other communication with me and this address, and record that I dispute having any obligation for this debt. If you stop your collection of this debt and forward or return it to another company, please indicate to them that it is disputed. If you report it to a credit bureau ( or have already done so ), also say that the debt is disputed. I appreciate your cooperation. Sincerely, XXXX XXXX
Company Response:
State: SC
Zip: 295XX
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: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: In accordance with the Fair Credit Reporting Act. The List of accounts below have violated my federal protected consumer rights to privacy and confidentiality under 15 USC 1681. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX LVNV funding XXXX LVNV funding XXXX LVNV funding XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Has an inaccurate information and amount of late payments and is violating my privacy, as I did not give anyone permission to furnish this information. Furthermore, the LVNV funding XXXX, LVNV funding XXXX, LVNV funding XXXX accounts has been removed from the other 2 CRAs and XXXX is inaccurately and illegal reporting this. 15 US.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 man 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. 15 U.S.C. 1681 section 611 ( 5 ) Treatment of Inaccurate or Unverifiable Information ( A ) In general. If, after any reinvestigation under paragraph ( 1 ) of any information disputed by a consumer, an item of the information is found to be INACCURATE or INCOMPLETE or can not be verified, the consumer reporting agency shall ( i ) promptly delete that item of information from the file of the consumer, or modify that item of information, as appropriate, based on the results of the reinvestigation; and ( ii ) promptly notify the furnisher of that information that the information has been modified or deleted from the file of the consumer. I have tried to fix this many times, and the accounts continue to reappear.
Company Response:
State: FL
Zip: 33327
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: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: Company failed to offer any documentation regarding this debt. I ask them to provide proof that I owe this debt.
Company Response:
State: NJ
Zip: XXXXX
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: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I did not consent to, nor benefit from, nor authorize the following account : LVNV FUNDING LLC - Account XXXX ; Amount - {$250.00}
Company Response:
State: FL
Zip: 33021
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: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: After carefully reviewing my updated credit report, I saw that you are currently reporting these collection accounts provided above on my credit report. I have no knowledge of these accounts in the first place. While you are currently reporting these alleged debts on my credit report these are causing significant harm to my credit score and financial reputation. RE : Account Number XXXX XXXX XXXX
Company Response:
State: NY
Zip: 10030
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 enough information to verify debt
Consumer Complaint: The debt collection agency is still saying that I owe this debt, but I never agreed to a contract with LVNV Funding. I am not liable for this debt of {$300.00} with LVNV Funding. In accordance with the Fair Credit Reporting Act, LVNV Funding has violated my rights.15 U.S.C 1681 section 602 A. States I have the right to privacy. 15 U.S.C 1684 Section 604 A Section 2 : It also states a consumer reporting agency can not furnish an account without my permission.
Company Response:
State: AL
Zip: 36801
Submitted Via: Web
Date Sent: 2023-12-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-21
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: Per the Federal Credit Reporting Act as a federally protected consumer, per 15 USC 6802 XXXX XXXX : XXXX am now OPTING OUT of ANY AND ALL Authorization I, XXXX XXXX may have given to XXXX XXXX written, unwritten, verbal or non verbal to report my nonpublic personal information. XXXX XXXX is in violation of the Privacy Act of 1974 as well as 12 CFR 1022.24 Reasonable opportunity to opt out because I was never notified by XXXX XXXX that my nonpublic personal information was going to be shared to non affiliated third parties such as XXXX XXXX XXXX XXXX XXXX RESURGENT ACQUISITIONS et al and I was NEVER GIVEN THE CHANCE TO OPT OUT. Also, 15 USC 6508 states that I have the option to opt out of any account reported to my credit report and I am supposed to receive an opt out notice every thirty ( 30 ) days which XXXX XXXX never sent to me. I am hereby exercising my rights under 16 CFR 313.7 Form of opt out notice to consumers. Also, XXXX XXXX violated the terms and conditions within their banking agreement, because XXXX XXXX states that they do not provide consumer information to third-parties which they violated by reporting my nonpublic personal information to the credit reporting agencies listed above. According to 15 USC 6802 B ) I am supposed to receive THREE different disclosures before my nonpublic personal information is shared but I never received notice. XXXX XXXX ALSO unlawfully sold this debt to a third party RESURGENT ACQUISITIONS, LLC AFTER the debt had already been tendered in accordance with UCC 3-603 et al. I have never had a contract or agreement with RESURGENT ACQUISITIONS and I do NOT consent to them reporting any account to my credit report. I am hereby invoking all rights under 15 USC 6802 B, 12 CFR 1022.24, 15 USC 6508, 16 CFR 313.7, the Privacy Act of 1974 et al. Please see 15 USC 6802 B ) OPT OUT below. A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. Finally, XXXX XXXX is in clear violation of 15 USC 45 - Unfair methods of competition for their failure to update the records after receiving tender of the full balance of the debt in accordance with the Electronic Funds Transfer Act as well as their acts of securities fraud and Tax evasion which I intend to report XXXX XXXX XXXX via form IRS form 3949A. To conclude, the above listed credit reporting agencies are in violation of 15 usc 1681 sec 604a section 2, because it states that a Consumer reporting agency can not furnish an account w/o my written instruction. I did NOT give consent nor written instruction to XXXX XXXX XXXX XXXX XXXX to report the XXXX XXXX account and supporting nonpublic personal information such as the transaction history and balance. Also, The credit reporting agencies are in violation of 15 usc 1681 sec 604a section 2, because it states that a Consumer reporting agency can not furnish an account w/o my written instruction. I did NOT give consent nor written instruction to XXXX XXXX XXXX XXXX XXXX to report my nonpublic personal information.
Company Response:
State: NJ
Zip: 07036
Submitted Via: Web
Date Sent: 2023-12-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-21
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I looked on my credit report and seen that an account was open in my name that I never once applied for or used. Someone got a fraudulent credit card in my name for {$500.00} without my consent and never paid back the debt which now reflects on my credit report. The account was from XXXX XXXX XXXX but was eventually taken over by debt collection agency LVNV Funding LLC. This is not my debt and is a result of someone committing fraud in my name.
Company Response:
State: OK
Zip: 741XX
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: I am writing to file a formal complaint against Resurgent/LVNV Funding LLC for alleged identity theft and violation of Federal Consumer Protection Laws. I have never authorized Resurgent/LVNV Funding LLC to use my personal information for mail fraud or to contact me regarding an alleged debt, which I firmly deny owing under 15 USC 1692c ( c ). Despite multiple electronic disputes and attempts to request verification and validation of this purported debt, I have received no satisfactory response from your company proving that the debt is mine. This lack of response is a direct violation of my federally protected rights. I demand an immediate cessation of all collection attempts and the removal of this alleged account from my consumer reports. Resurgent/LVNV Funding LLC reported false and inaccurate information in addition to the absence of compelling evidence. This deliberate violation breaches the requirements of the Fair Credit Reporting Act ( FCRA ) and the Fair Debt Collection Practices Act ( FDCPA ). I insist that Resurgent/LVNV Funding LLC provide sufficient documentary evidence demonstrating my legal obligation to pay this debt, specifically the original contract and instrument bearing my signature, before any further communication or collection activities are pursued pursuant to 15 U.S.C 1681 section 602 A. Failure to provide such evidence will result in legal action seeking damages, and Resurgent/LVNV Funding LLC may face criminal liabilities, including aggravated identity theft, extortion, theft by deception, securities fraud, and mail fraud as per 18 USC 1028A . I will also inform you that if your offices 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. Continual breaches of regulations have led to substantial financial harm, distress and encroached upon my Consumer rights. I do not give Resurgent/LVNV Funding LLC permission to communicate with me regarding any alleged debts, as stipulated in 15 U.S.C. 1692c ( a ). The negative reporting on my credit report is defamation of character, and I have the right to seek actual damages according to 15 U.S.C. 1692k ( a ) ( 1 ). This negative reporting has caused me to be unable to secure a new car, and I believe that Resurgent/LVNV Funding LLC is engaging in extortion by reporting on my credit for this alleged debt. Given these circumstances, I am requesting the following actions : 1. Investigation : I urge the Consumer Financial Protection Bureau ( CFPB ) to conduct a comprehensive inquiry into Resurgent/LVNV Funding LLC actions to assess the extent of their violations and enforce compliance with the FDCPA. 2. CEASE Collection Efforts : I demand an immediate cease and desists to all collection activities by Resurgent/LVNV Funding LLC regarding the alleged debt UNTIL they furnish valid verification as mandated by the FDCPA. 3. Remedial Measures : I implore the CFPB to take necessary steps to ensure Resurgent/LVNV Funding LLC rectifies their violations, which may involve imposing suitable penalties and sanctions allowed under the FDCPA. Please consider this as an official notice under UCC 1-202f, and I expect your prompt attention and response to this matter.
Company Response:
State: MO
Zip: 64130
Submitted Via: Web
Date Sent: 2023-12-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A