Date Received: 2022-06-10
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I never even heard of this company in my life this was also on my police report that i sent to all the credit agencies. They all took it off and then about a year ago XXXX put this back on. once again with know warning or didn't even explain why.
Company Response:
State: IL
Zip: 60462
Submitted Via: Web
Date Sent: 2022-06-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-06-10
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: XXXXXXXX XXXX XXXX XXXX XXXX LVNV FUNDING LLC XX/XX/22 RE. We already disputed this account.
Company Response:
State: NM
Zip: 88101
Submitted Via: Web
Date Sent: 2022-06-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-06-09
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: I sent an Affidavit of Truth and an Invoice to XXXX XXXX XXXX, here is the tracking # XXXX, Resurgent Capital Services tracking number # XXXX and XXXX XXXX XXXXXXXX XXXX XXXX They have not paid out the invoices and had the negative items deleted from my credit report. These companies have violated 15 USC 1692. ( C ) ( A ). 15 USC 1692K, 15 USC 1692. ( B ) ( 2 )., 15 USC 1692. ( B ) ( 5 )., 15 USC 1692 ( D ) ( 2 )., 15 USC 1692 G ( A ), 15 USC 1692 ( B ) ( 4 ), 15 USC 1692 C ( 1 ), 15 USC 1692 ( E ) ( 1 ), 15 USC 1692 ( F ) ( 8 ) ( 8 ) 15 USC 1692 ( D ) ( 5 ). Based on these laws I can collect these damgages15 USC 1692K. Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of, any actual damage sustained by such person as a result of such failure : in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00}.
Company Response:
State: FL
Zip: 33024
Submitted Via: Web
Date Sent: 2022-06-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-06-09
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: I HAVE NEW AND UPDATED INFORMATION ABOUT LVNV FUNDING LLC. Lvnv has been willful and neglient non compliance with federal law. They have violated my federally protected rights under the Fair Debt Collection Practice Act using abusive and harrasing practice to collect on an alleged debt.1.LVNV has been harassing me for multiple years, with over 100s of emails threatening to take legal action that can not be taken. 2. Lvnv compliance department responded and said they haven't used harassing tactics but attached are emails of them threatening to take legal action that cant be taken using harassing practice to coerce me in to paying the alleged debt. 3. XX/XX/2022 I sent an notarized conditional acceptance agreeing to pay the alleged debt if they can produce the documents listed on attachment within 10 days and they failed to do so which stated if they can not produce they can not rightfully enforce their claim, it as been XXXX months since they received the letter and still have not provided me with a lawfully claim I also sent an affidavit they failed to Rebuttal. 4. I have tried to resolve this issue and lvnv continued to threatened me with an lawsuit they have no standing on because a debt collector can not sue due to them not being the creditor and lvnv raised a claim against me in XXXX district court violating my federally protected rights. 5. When I called Lvnv and spoke with a representative she told me due to me disputing with the credit reporting agencies for two years against this account they brought a lawsuit against be which would be punishing me for exercising my rights. The complaint was pass the XXXX days and was not served to me but every time I wrote LVNV on cfpb they stated they could not respond because a case was pending when that was in fact a lie. They Illegal practices has and continues to cause me severe stress. They have sold my information to multiple companies to collect when they don't have the authority to have my personal information. Lvnv has failed to provide me with any information I asked for me to validate the alleged debt instead they continue to send the same statements when them and the creditor has different information listed its impossible to validate just off statements when I have a right to receive information according to the Freedom of Information Act. Attached documents to show proof They had 30 under the FDCPA days to validate the alleged debt or a copy of the judgement pursuant to 15 USC 1692 and they failed to do so. They compliance department also stated they do not have a time limit when the law says 30 days. This company has a problem with abiding by the law and shall be reasonably investigated for non compliance.
Company Response:
State: MI
Zip: 48092
Submitted Via: Web
Date Sent: 2022-06-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-06-08
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: In accordance with the Fair Credit Reporting Act XXXX XXXX number # 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 also states a consumer reporting agency can not furnish an account without my written instructions
Company Response:
State: SC
Zip: 29316
Submitted Via: Web
Date Sent: 2022-06-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-06-09
Issue: Attempts to collect debt not owed
Subissue: Debt was already discharged in bankruptcy and is no longer owed
Consumer Complaint: LVNV FUNDING LLC XXXX XXXX XXXX XXXX is violating my consumer rights. by trying to collect a debt. PLEASE SEE ATTACHMENTS I XXXX XXXX, the Principal and Authorized Representative for all accounts created by my seal/signature, I am the Original Creditor Federally, Protected Consumer, I am declaring that my right to Privacy as a federally protected consumer is violated. stated in FCRA USC 1681 and the FDCPA USC 1692. The accounts listed her has chosen to disregard or ignore my ID Theft Report. LVNV FUNDING LLC violated 611. Procedure in case of disputed accuracy 15 U.S.C. 1681i According to the statute these companies had plenty of times to Validate/ Verify the account. They have far exceeded the 5 business day reply 30 day investigation to verify/ validate the alleged debt, even the 15 day extension to investigate this debt. Is it a Fact, XXXX XXXX XXXX has accessed my OPEN-ENDED CONSUMER CREDIT PLAN. I demand verifiable WRITTEN & NOTARIZED proof that they have not done so, in a statement of fact.
Company Response:
State: GA
Zip: 30248
Submitted Via: Web
Date Sent: 2022-06-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-06-07
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: Unfortunately, I contracted XXXX twice. I subsequently lost my job, my wife also was ill. I contacted the company to make arrangements for deferment or modification. I was denied by the company. I was denied protection given under law by the CARES Act. Under the CARES Act, stating : " XXXX XXXX, former acting director of the Consumer Financial Protection Bureau ( CFPB ), recently stated that the bureau is taking much-needed action to protect consumers, particularly the most economically vulnerable. [ 1 ] As part of this new focus, the CFPB will take aggressive action to ensure that regulated companies follow the law and meet their obligations to assist consumers during the COVID-19 pandemic. [ 2 ] As such, the case for CARES Act examination preparation is stronger than ever. ''
Company Response:
State: NJ
Zip: XXXXX
Submitted Via: Web
Date Sent: 2022-06-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-06-07
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: Pursuant 15 USC 1692c, If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt. Pursuant 15 USC 1692a ( 2 ), The term " communication '' means the conveying of information regarding a debt directly or indirectly to any person through any medium. I am putting LVNV Funding/Resurgent Capital Services on notice to cease and desist further communication with the consumer in regard to this alleged debt, I do not owe them anything, I will not pay them anything, I do not have any written or signed contract with them and any information used without my consent is identity theft. This cease and desist also applies to the conveying of information regarding this debt on my credit report as well, my credit report is a medium.
Company Response:
State: IL
Zip: 601XX
Submitted Via: Web
Date Sent: 2022-06-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-06-07
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: LVNV sent notice regarding an account at XXXX XXXX XXXX on XXXX, XXXX from XX/XX/XXXX for {$2100.00}. My daughter ( XXXX XXXX ) informed them that this was not my debt as I had never had an account/card with XXXX XXXX until now. She told them that we required proof that I had opened this acct. We have not heard from them about this account to date. On XX/XX/XXXX, I received a notice from LVNV regarding an account from XXXX bank for {$1100.00} from XX/XX/XXXX. I had previously informed them that I knew nothing of this account and this time I am going to inform them again that I did not have an account with this company and request proof of who opened the account.
Company Response:
State: FL
Zip: 344XX
Submitted Via: Web
Date Sent: 2022-06-07
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-06-07
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: My name is XXXX XXXX, a federally protected consumer, and I am making this complaint against RESURGENT CAPITAL SERVICES for committing identity theft. I have never given RESURGENT CAPITAL SERVICES any permission to use any of my identifying information to commit mail fraud by contacting me about an alleged debt they claim I owe. I am aware that the that in accordance with Article 9, the assignment of a defaulted note is illegal. Both the assignee and the assigned are both liable for violations under 15 U.S. Code 1692e ( 12 ). I have never received any documentation requesting validation from RESURGENT CAPITAL SERVICES before they committed multiple violations under the FCRA and the FDCPA by furnishing this alleged debt to my consumer report including but not limited to 15 U.S. Code 1692d ( 4 ) which the FTC defines as debt parking. If RESURGENT CAPITAL SERVICES can not provide me with proof such as a tracking number that they attempted to lawfully validate this alleged debt with me, the consumer, prior to furnishing it on my consumer report, this has been a fraudulently furnished account with forethought and malice as an attempt to bring harm to me and my financial reputation. I am legally refusing to pay this debt pursuant to 1692c ( c ). I am demanding a cease and desist of all illegal activity, any communication and collection activity, of this and any alleged debts until RESURGENT CAPITAL SERVICES can provide me with sufficient documentary evidence that I have any legal obligation to pay them. If this documentary evidence can not be produced and RESURGENT CAPITAL SERVICES continues its collection efforts, I will file for litigation for actual damages caused and RESURGENT CAPITAL SERVICES will be held criminally liable for aggravated identity theft pursuant to 18 USC 1028A, extortion, theft by deception, securities fraud, and mail fraud. Upon the receipt of the documents herein and of this notice, you are hereby notified Pursuant UCC 1-202f. Your prompt attention and response are both requested and required.
Company Response:
State: KY
Zip: 401XX
Submitted Via: Web
Date Sent: 2022-06-07
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A