Date Received: 2023-12-18
Issue: Problem with a company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: Delete all errors on my files and report
Company Response:
State: PA
Zip: 19608
Submitted Via: Web
Date Sent: 2023-12-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-18
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: XX/XX/XXXX i requested Verification of the debt, including a complete breakdown of the debt amount, including any interest, fees, all payments made or other charges claimed, and proof that the original creditor had the legal right to sell a debt they claim i owe. On XX/XX/XXXX i get a response that did not provide any information to what i requested This was my second attempt for verification of debt from LVNV and they still havce not provided any proof. Meanwhile they continue to report this claim to the major credit bureaus causing significant damage to my credit rating
Company Response:
State: CA
Zip: 93021
Submitted Via: Web
Date Sent: 2023-12-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-18
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: On or around XXXX XXXX XXXX XXXX XXXX XXXX XXXX I sent letters via certified mail that also included a copy of my driver 's license and a utility bill to verify my identity to Resurgent/LVNV Funding. I sent the letters after I obtained a copy of my consumer report and I saw that they were reporting a debt. I requested verification that shows it was me who owed the debt. I requested to have the documents with my original signature as I am a victim of identity theft and have identified several names and addresses on my consumer report. Resurgent/LVNV Funding has failed to provide me with the proper disclosures for verification of this debt however they continued to send letters and call me to collect on a debt that I do not know of.
Company Response:
State: TX
Zip: 76201
Submitted Via: Web
Date Sent: 2023-12-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-19
Issue: Problem with a company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: XX/XX/2023 I sent multiple letters to these companies involving following accounts XXXX XXXX, XXXX {$800.00} Acount # XXXX XXXX XXXX XXXX {$850.00} ACCOUNT # XXXX In accordance with the Fair Credit Reporting act. The list of accounts above has violated my federally protected consumer rights to privacy and confidentially under XXXX XXXX XXXX. Convergent Accounts # XXXX XXXX # XXXX, XXXX XXXX XXXX ACCOUNT # XXXX 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 the information is inaccurate
Company Response:
State: WI
Zip: 53209
Submitted Via: Web
Date Sent: 2023-12-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-18
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: LVNV FUNDING LLC IS A COLLECTION AGENCY THAT IS REPORTING NEGATIVE INFORMATION ON MY CREDIT REPORT. THE INFORMATION THAT THEY ARE REPORTING IS IN CASE OF A DEBT THAT I SUPPOSEDLY OWE ON BEHALF OF XXXX. THE DEBT IN QUESTION HAS BEEN DISCHARGED BY THE ORIGINAL CREDITOR AND I HAVE RECEIVED A 1099C COPY B FROM THEM CONFIRMING THIS. LVNV FUNDING LLC IS ATTEMPTING TO COLLECT A DEBT THAT ONE, DOES NOT BELONG TO THEM AND TWO, THAT IS ALREADY DISCHARGED. THEY CAN'T COLLECT ON A CHARGED-OFF OR DISCHAGRED ACCOUNT. AFTER ALL, IT IS CONSIDERED TAXABLE INCOME. I HAVE BEEN GOING BACK AND FORTH WITH THEM FOR MONTHS AND HAVE YET TO GET THE INFORMATION REMOVED FROM MY CREDIT REPORT. IT IS THE CFPB 'S RESPONSIBILITY TO HOLD THE COMPANY ACCOUNTABLE AND TO REFRAIN FROM ALLOWING THEM TO REPORT INCORRECT INFORMATION ON MY CREDIT REPORT.
Company Response:
State: CT
Zip: 06067
Submitted Via: Web
Date Sent: 2023-12-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-18
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: Complaint against LVNV Funding LLC for failure to verify debt and improper credit reporting I am writing to file a formal complaint against LVNV Funding LLC for its refusal to verify a debt and its unjustified reporting to credit bureaus. The actions of this debt collection company not only violate my rights as a consumer but also demonstrate a disregard for fair debt collection practices and responsible reporting. I kindly request your intervention in this matter to ensure that appropriate action is taken against the company. On XX/XX/2023, I received a collection notice from LVNV Funding LLC, claiming that I owe a debt to XXXX XXXX. In accordance with my rights under the Fair Debt Collection Practices Act ( FDCPA ), I promptly requested verification of the debt and provided the necessary information to LVNV Funding LLC. However, despite multiple attempts, the company has failed to provide any substantial evidence validating the debt in question. Furthermore, despite the lack of verification, LVNV Funding LLC has continued its reporting of this debt to the credit bureaus, resulting in negative marks on my credit report. This unwarranted reporting not only damages my creditworthiness but also violates the Fair Credit Reporting Act ( FCRA ), which requires accurate and substantiated reporting of consumer debts. The actions of LVNV Funding LLC have caused significant distress and financial harm. I believe their behavior is not only in violation of the FDCPA and FCRA but also indicative of a systemic problem within their debt collection practices. I kindly request that the Consumer Financial Protection Bureau thoroughly investigate this matter and take appropriate action to rectify the situation. I respectfully ask that the following actions be taken : Conduct a comprehensive investigation into the debt collection practices of LVNV Funding LLC to ensure compliance with the FDCPA. Require LVNV Funding LLC to provide valid and substantiated verification of the debt in question. Instruct LVNV Funding LLC to immediately cease all reporting of this debt to credit bureaus until the verification process is completed. Impose appropriate penalties and sanctions against LVNV Funding LLC if found guilty of violating consumer protection laws. Enclosed with this letter, please find copies of all relevant documents, including the collection notice, my verification requests, and any correspondence I have received from LVNV Funding LLC. I appreciate your attention to this matter and your efforts in protecting consumer rights. I look forward to a prompt resolution of this complaint and your assistance in holding LVNV Funding LLC accountable for their improper debt collection practices and unjust credit reporting. Thank you for your time and consideration.
Company Response:
State: MD
Zip: 20886
Submitted Via: Web
Date Sent: 2023-12-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-18
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: Complaint against LVNV Funding LLC for failure to verify debt and improper credit reporting I am writing to file a formal complaint against LVNV Funding LLC for its refusal to verify a debt and its unjustified reporting to credit bureaus. The actions of this debt collection company not only violate my rights as a consumer but also demonstrate a disregard for fair debt collection practices and responsible reporting. I kindly request your intervention in this matter to ensure that appropriate action is taken against the company. On XX/XX/2023, I received a collection notice from LVNV Funding LLC, claiming that I owe a debt to XXXX XXXX. In accordance with my rights under the Fair Debt Collection Practices Act ( FDCPA ), I promptly requested verification of the debt and provided the necessary information to LVNV Funding LLC. However, despite multiple attempts, the company has failed to provide any substantial evidence validating the debt in question. Furthermore, despite the lack of verification, LVNV Funding LLC has continued its reporting of this debt to the credit bureaus, resulting in negative marks on my credit report. This unwarranted reporting not only damages my creditworthiness but also violates the Fair Credit Reporting Act ( FCRA ), which requires accurate and substantiated reporting of consumer debts. The actions of LVNV Funding LLC have caused significant distress and financial harm. I believe their behavior is not only in violation of the FDCPA and FCRA but also indicative of a systemic problem within their debt collection practices. I kindly request that the Consumer Financial Protection Bureau thoroughly investigate this matter and take appropriate action to rectify the situation. I respectfully ask that the following actions be taken : Conduct a comprehensive investigation into the debt collection practices of LVNV Funding LLC to ensure compliance with the FDCPA. Require LVNV Funding LLC to provide valid and substantiated verification of the debt in question. Instruct LVNV Funding LLC to immediately cease all reporting of this debt to credit bureaus until the verification process is completed. Impose appropriate penalties and sanctions against LVNV Funding LLC if found guilty of violating consumer protection laws. Enclosed with this letter, please find copies of all relevant documents, including the collection notice, my verification requests, and any correspondence I have received from LVNV Funding LLC. I appreciate your attention to this matter and your efforts in protecting consumer rights. I look forward to a prompt resolution of this complaint and your assistance in holding LVNV Funding LLC accountable for their improper debt collection practices and unjust credit reporting. Thank you for your time and consideration.
Company Response:
State: MD
Zip: 20886
Submitted Via: Web
Date Sent: 2023-12-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-18
Issue: Problem with a company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: I, XXXX XXXX, am requesting the deletion of account LVNV FUNDING LLC XXXX. This debt collection agency has engaged in practices that are abusive, deceptive, and unfair actions which are clear violations of the FDCPA. They have reported an account that I did not agree to nor sign any agreement for. A legal contract necessitates the agreement of two parties, and I had no involvement in any such agreement. Moreover, they failed to follow the proper five-step validation procedure, further highlighting these unfair practices. I also have uncertainties regarding whether I ever held an account with the original creditor. Notably, I received no correspondence notifying me that this account was sold to LVNV, and the original creditor has failed to validate the alleged debt, constituting another violation. Furthermore, I received no communication by mail leading up to the reporting of this collection account. This account was added to my records in XX/XX/2022. Consequently, I am formally requesting a copy of the correspondence that was supposedly mailed to me during that time, informing me of this debt with your company. Please provide the original account documentation as well as your license to collect debt in the state of Texas. Failure to provide this documentation would constitute yet another violation under the FDCPA, which entitles me to seek {$1000.00} per violation. I will attach my credit report to show the many inaccuracies including payment history, and date last active. Please explain how this account meets FCDPA and FCRA regulations when each bureau is reporting different date last active? Remove this account from my credit report immediately your company is not credible. Please see the attached credit report and dispute letter which is dated and time stamped
Company Response:
State: TX
Zip: 78154
Submitted Via: Web
Date Sent: 2023-12-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-18
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: It has come to my attention that XXXX is currently in violation of the Privacy Act of 1974 which states : No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains [ subject to 12 exceptions ]. 5 U.S.C. 552a ( b ). XXXX has been in violation of this Act and has been regularly reporting negative activity via late payments without my consent, and has caused irreparable harm and injuries to me in violation of the abovementioned Act and as stated in 15 U.S. Code 6801 - Protection of nonpublic personal information which states : ( a ) Privacy obligation policy - 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. ( b ) Financial institutions safeguards - In furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer. In addition to 15 U.S. Code See Also 6805 Enforcement ( a ) WHICH STATES THAT : Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, and ( b ) ENFORCEMENT OF SECTION 6801 ( 1 ) Except as provided in paragraph ( 2 ), the agencies and authorities described in subsection ( a ), other than the Bureau of Consumer Financial Protection, shall implement the standards prescribed under section 6801 ( b ) of this title in the same manner, to the extent practicable, as standards prescribed pursuant to section 1831p1 ( a ) of title 12 are implemented pursuant to such section. Therefore, it is within the jurisdiction of the Consumer Financial Protection Bureau ( CFPB ) to enforce this/these Act ( s ) to ensure the protections of all consumers. SEE ALSO 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information under : ( a ) Notice requirements which states : Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. According to 16 CFR 313.7 - Form of opt out notice to consumers ; opt out methods. ( e ) Time to comply with opt out. Which states that : You must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it., and 16 CFR 313.7 ( f ) Continuing right to opt out, which also states that A consumer may exercise the right to opt out at any time, and 16 CFR 313.7 ( g ) Duration of consumer 's opt out direction. ( 1 ) A consumer 's direction to opt out under this section is effective until the consumer revokes it in writing or, if the consumer agrees, electronically. ( 2 ) When a customer relationship terminates, the customer 's opt out direction continues to apply to the nonpublic personal information that you collected during or related to that relationship. If the individual subsequently establishes a new customer relationship with you, the opt out direction that applied to the former relationship does not apply to the new relationship. 15 U.S. Code 1681b - Permissible purposes of consumer reports ( a ) 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. As stated herein, as well as the enclosed letter which clearly signifies my right to opt out as stated in 6802 ( b ) : Opt out ( 1 ) In general 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. XXXX has never disclosed this information to enable me as the consumer the opportunity to exercise the abovementioned Opt out rights afforded to me. This ongoing negative reporting is causing irreparable injury, embarrassment, emotional damage, stress and humiliation to me and my family by being denied of credit and my ability to prosperously move forward financially in life by their violations of the laws stated herein. It is also illegal to report any negative transaction history to the major credit reporting agencies which XXXX continues to illegally report to this day. 17 CFR 248.7 - Form of opt out notice to consumers ; opt out methods ( a ) ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 248.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right. 16 CFR 313.7 - Form of opt out notice to consumers ; opt out methods. ( a ) ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 313.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose non-public personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right. 16 CFR 433.2 - Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices. In connection with any sale or lease of goods or services to consumers, in or affecting commerce as commerce is defined in the Federal Trade Commission Act, it is an unfair or deceptive act or practice within the meaning of section 5 of that Act for a seller, directly or indirectly, to : ( a ) Take or receive a consumer credit contract which fails to contain the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. or, ( b ) Accept, as full or partial payment for such sale or lease, the proceeds of any purchase money loan ( as purchase money loan is defined herein ), unless any consumer credit contract made in connection with such purchase money loan contains the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. 16 CFR 433.3 - Exemption of sellers taking or receiving open end consumer credit contracts before November 1, 1977 from requirements of 433.2 ( a ). ( a ) Any seller who has taken or received an open end consumer credit contract before November 1, 1977, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses. ( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1. ( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( 3 ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. ( 4 ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract. It is for the reasons stated herein and the protection of my rights as a consumer is why I am entitled to the opting out remedy and relief sought in the form of XXXX XXXXorrecting the record by removing all negative reporting, and negative credit history via late payments from any and all credit reporting agencies records, including but not limited to XXXX, XXXX, XXXX which has caused irreparable harm, embarrassment, humiliation, mental anguish and undue financial hardships committed against me and should be granted in my favor.
Company Response:
State: NJ
Zip: 07202
Submitted Via: Web
Date Sent: 2023-12-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-17
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: This account was a result of identity theft. I have never had or attempted to establish any services with your company. Nor have I granted any written consent for you to access my personal and private information. This is a direct violation of my privacy rights, FCRA and FDPA in addition to identity theft. Delete immediately.
Company Response:
State: VA
Zip: 220XX
Submitted Via: Web
Date Sent: 2023-12-17
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A