Date Received: 2023-12-17
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX LVNV Funding LLC/Resurgent Capital Services XXXX XXXX XXXX , XXXX XXXX XXXX XXXX XXXX, SC XXXX Subject : Fraud/ Validation of Debt and Request for Proof of Contract Dear Sir/Madam, I am writing to dispute the alleged debt associated with your recent contract start dates of XX/XX/XXXX. I dispute the validity of the debt you claim I owe to Resurgent Capital Services/LVNV Funding. I am aware of my rights under the Fair Debt Collection Practices Act ( FDCPA ) and demand that you validate this debt as per my rights under the law. According to your communication, you assert that I entered a contract with Resurgent Capital Services/ LVNV Funding on XX/XX/XXXX. I categorically deny any such agreement, and I have no record of any contractual relationship or communication with your organization. To address this matter promptly and to ensure legal clarity, I request that you provide the following information within 45 days of receiving this letter : 1. Verification of Debt : Provide detailed documentation validating the existence of the alleged contract reflecting my signature and the start date, including the complete payment history. 2. Proof of Contract : Furnish a signed contract or agreement between myself and Resurgent Capital Services/LVNV Funding llc dated XX/XX/XXXX. This should include my signature and any relevant terms and conditions. Failure to provide the requested information within the specified timeframe of 45 days ( XX/XX/XXXX ) will be construed as an admission that Resurgent Capital Services can not substantiate the alleged debt, and I will take appropriate legal action as you all are committing fraud. Furthermore, I wish to bring to your attention that any attempt to report inaccurate information to credit bureaus, fraudulent representation of debt, or any other deceptive practices will be considered a violation of federal and state laws. Such actions may result in legal consequences, including but not limited to legal claims for falsification of information, fraud, and other relevant banking crimes. I trust that Resurgent Capital Services will handle this matter with the utmost diligence and provide the necessary documentation to validate the alleged debt. Your cooperation in this regard is anticipated. Sincerely, XXXX XXXX, XX/XX/XXXX XXXX
Company Response:
State: OH
Zip: 441XX
Submitted Via: Web
Date Sent: 2023-12-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-17
Issue: Took or threatened to take negative or legal action
Subissue: Threatened to sue you for very old debt
Consumer Complaint: XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Current Owner : LVNV Funding LLC Resurgent ID XXXX XXXX I mailed a cease-and-desist letter to company notifying them that i was disputing the debt and requested that they have no further contact with me after they failed to produce proof of ownership of debt or proof that they were collecting a charged off debt from XXXX XXXX XXXX XXXX They have threatened to sue me in court about a time barred debt. They have never provided me with the 1099 that I asked for which XXXX would have filed taxes as this would be considered lost income for their company. I'm a XXXX XXXX XXXX with no income, I've been denied XXXX XXXX XXXX XXXX twice hence no income. Their reckless disregard for my health has caused me additional XXXX XXXX XXXX XXXX, I'm stressed about this matter. I was told when I spoke to XXXX representatives years ago when they had written off this account that I would have to file it on my taxes as a 1099 and that they would written off the account after COVID when we had a disagreement about the balance. I'm seeking your assistance in this matter, Please have this company harassing me because I owe them nothing.
Company Response:
State: TX
Zip: 77095
Submitted Via: Web
Date Sent: 2023-12-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-17
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 contacted LVNV FUNDING LLC for 100 % VALIDATION and 100 % PROOF OF CLAIM and did not receive a response to the below listing on my credit report. LVNV FUNDING LLC Last reported XX/XX/2023 {$10000.00} Open balance XXXX XXXX XXXX XXXX XXXX Original creditor
Company Response:
State: PA
Zip: 151XX
Submitted Via: Web
Date Sent: 2023-12-17
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-17
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 and XXXX are consumer reporting agencies and I am the Consumer. I have the right to make sure my private information isn't 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 personal information. '' ( Furnisher of information to credit agencies ) is a financial institution 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. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies 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, ( Furnisher of information to credit agencies ) 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. '' ( Furnisher of information to credit agencies ) 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. '' This account is an adverse item they are reporting again without my permission which is against the law. 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. 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 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.
Company Response:
State: NY
Zip: 10453
Submitted Via: Web
Date Sent: 2023-12-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-17
Issue: Problem with a company's investigation into an existing problem
Subissue: Problem with personal statement of dispute
Consumer Complaint: I requested a copy of the supposed original binding contract with my signature for comparison. I never received that just a statement with addresses that I don't reside nor have I ever resided. I do not have a legal contract with the company responding to cfbp inquiries nor lvn funding. Can you provide the original contract with my signature on it to verify this supposed debt? If not I demand this account to be deleted and removed immediately.
Company Response:
State: CA
Zip: 94565
Submitted Via: Web
Date Sent: 2023-12-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-17
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: It has come to my attention that XXXX XXXX XXXX, VIA XXXX XXXX XXXX, a third party intervener are both 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 XXXX XXXX, VIA XXXX XXXX XXXX, a third party intervener has been in violation of this Act and has been regularly reporting negative activity without my consent, and has caused irreparable harm and injuries to me, despite the fact the there is no signed contract between myself and XXXX XXXX XXXX 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. XXXX XXXX XXXX XXXX - 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 XXXX XXXX, VIA XXXX XXXX XXXX is a third-party intervener who has never disclosed this information to enable me as the consumer the opportunity to exercise the abovementioned Opt out rights afforded to me. XXXX XXXX XXXX VIA XXXX XXXX XXXX, a third party intervener was ultimately sold the debt by XXXX XXXX XXXX and filed a Court Action against me to sue me in the XXXX XXXX XXXX XXXX XXXX XXXX XXXX CIVIL PART ( SEE EXHIBIT XXXX XXXX pages ) despite the fact that XXXX XXXX XXXX is a third party intervener, an mandatory arbitration clause in the agreement made between myself and XXXX XXXX XXXX, and the fact there is NO signed contract/agreement between me and XXXX XXXX XXXX but nevertheless still XXXX XXXX XXXX via XXXX XXXX XXXX a third-party intervener continues to report the above-mentioned account as a COLLECTION to all of the major credit reporting agencies. 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 XXXX XXXX, VIA XXXX XXXX XXXX, a third-party intervener continues to illegally report to this day. XXXX XXXX XXXX - 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. Please take notice that the Notice listed above is nowhere on any agreement between XXXX XXXX XXXX via XXXX XXXX XXXX a third-party intervener and myself as the consumer, because there is not now, nor was there ever a signed contract/agreement made between XXXX XXXX XXXX and myself as the consumer which is a clear violation of the above sited Regulations which has caused myself and my family irreparable injury, harm and undue financial hardship which continues to this very day. XXXX XXXX XXXX - Exemption of sellers taking or receiving open end consumer credit contracts before XX/XX/XXXX from requirements of XXXX ( a ). ( a ) Any seller who has taken or received an open end consumer credit contract before XX/XX/XXXX, 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 remedy and relief sought in the form of XXXX XXXX XXXX via XXXX XXXX XXXX correcting the record by removing all negative reporting, and negative credit history from any and all credit reporting agencies records, including but not limited to XXXX, XXXX, XXXX, and financial compensation for the violations committed by both XXXX XXXX XXXX and XXXX XXXX XXXX which has caused irreparable harm, embarrassment, humiliation, mental anguish and undue financial hardships committed against me for which compensation in the amount of {$5000.00} ( XXXX XXXX USD ) each by both parties should be granted in my favor.
Company Response:
State: NJ
Zip: 07202
Submitted Via: Web
Date Sent: 2023-12-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-16
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: In response to LVNV FUNDING with account # XXXX, I have recently submitted a complaint about LVNV FUNDING using my information under false pretense. In the company response they sent two XXXX XXXX transaction records, after a review of the XXXX XXXX transaction records I found two different addresses non of which match my GOVERNMENT ISSUED ID. I am asking LVNV FUNDING to review those two addresses and match them with my GOVERNMENT issued ID.
Company Response:
State: CT
Zip: 06108
Submitted Via: Web
Date Sent: 2023-12-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-16
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: I sent this letter to LVNV FUNDING LLC They are in violation of 15 USC 6802-6805 and the Privacy Act of 1974. It is also inaccurate because it's showing having different remarks.
Company Response:
State: GA
Zip: 30038
Submitted Via: Web
Date Sent: 2023-12-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-16
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: This company is reporting that I have an open collection stating that it was open XX/XX/2022. I have asked for proof that I agreed to any said account or proof that I am the owner but have not received any proof. This is a violation of the FCRA RULES AND IS ILLEGAL AS TO THE FACT THAT U CAN NOT REPORT A COLLECTION WITHOUT PROOF OF OWNER. This account does not belong to me and should be removed as to it is damaging my personal information.
Company Response:
State: IL
Zip: 60649
Submitted Via: Web
Date Sent: 2023-12-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-17
Issue: Communication tactics
Subissue: Called before 8am or after 9pm
Consumer Complaint: Called constantly at work multiple times per day. I have gotten phone calls over the weekend. Ive gotten phone calls before XXXX XXXX after XXXX XXXX. Then, when I block the numbers so that Im not distracted at work, they call from various other numbers. Cycle repeats
Company Response:
State: CA
Zip: 94954
Submitted Via: Web
Date Sent: 2023-12-17
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A