Date Received: 2023-11-23
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: I see this company on my credit report and its causing damage to me and my family members. I never opted in to have my information shared. " According to the Fair Credit Reporting Act 15 USC 1681 section 602 a states\n '' There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer 's 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\n1681 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 acordance 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\nUSC 1681C ( a ) ( 5 ) states '' Except as autorized 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 1681s-2 ( 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: FL
Zip: 33647
Submitted Via: Web
Date Sent: 2023-11-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-23
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I am writing to formally dispute all fraudulent inquiries on my credit report. After a thorough review, it has come to my attention that there are unauthorized inquiries that I did not initiate. I request a prompt investigation into these discrepancies and urge you to remove the fraudulent entries from my credit report. The accuracy of my credit history is crucial, and I believe resolving this issue is essential to maintaining the integrity of my financial standing. I appreciate your prompt attention to this matter and request that you provide me with updates on the progress of the investigation. Thank you for your immediate assistance in rectifying this situation.
Company Response:
State: VA
Zip: 22193
Submitted Via: Web
Date Sent: 2023-11-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-22
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: A company claiming to be Resurgent Debt Collector has contacted me twice from the number XXXX claiming that I was subscribed to their phone text messages on XX/XX/2023 ( I never did ), and today ( XX/XX/2023 ) they contacted me again with the same number ( despite me blocking them on my XXXX ) and saying : Resurgent Debt Collector : Save {$7300.00} on account XXXX with 1 payment of {$5500.00} at XXXX Offers subject to change. Reply STOP to opt out. I have never owed any money that has gone into collections, and I double checked my credit report to make sure that there were not any account mishaps that could lead to this. I believe this company may be attempting to conduct a phishing scam, or that they are harassing me thinking that I am someone else. I do not want to reply and Unsubscribe in case that this is a phishing scam and they are looking for replies.
Company Response:
State: MD
Zip: 20850
Submitted Via: Web
Date Sent: 2023-11-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-22
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: On XX/XX/23 and XX/XX/23 I disputed account asking to verify or delete immediately as I do not recall this debt nor having account open with this creditor. Dispute was sent via mail with a certified and return label, return confirmation # XXXX. On XX/XX/23 @ XXXX dispute letter was delivered to agent and I have not heard back from them. Over 30 days have passed and no response. I have tried multiple times to contact them via phone call @ XXXX and have not been able to go through all the way and talk to agent.
Company Response:
State: IA
Zip: 50158
Submitted Via: Web
Date Sent: 2023-11-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-22
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: This debt was sold from LVNV Funding to XXXX XXXX LVNV funding is no longer responsible for this debt and it should not be reported to my credit. I requesting to have this removed from my credit
Company Response:
State: FL
Zip: 32750
Submitted Via: Web
Date Sent: 2023-11-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-22
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: On XX/XX/2022 I received a response from Resurgent, the current owner of LVNV Funding LLC, Reference Id # XXXX in reference to my inquiry regarding the validation and verification of a debt they were trying to collect on. The collection agency sent a letter providing verification of the debt in the form of a credit card statement listing the original creditor as XXXX XXXX XXXX. Upon my review, I mailed a rebuttal letter disputing the debt and it's validity, as it does not belong to me and the Account Holder is someone with a similar name. Included with my response by mail, I submitted a copy of my state identification confirming my legal name. The collecting agency as indicated via the FCRA should have responded via USPS Mail within 30 days. However, I received a response dated XX/XX/2022 which was a duplicate of the previous verification of debt in the form of a credit card statement. I have tried disputing directly with the agency, as well as the XXXXXXXX XXXX XXXX to have the information deleted from my file, as the collecting agency is reporting incorrect information to the credit bureau. However, my attempts have been unsuccessful.
Company Response:
State: FL
Zip: 33054
Submitted Via: Web
Date Sent: 2023-11-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-22
Issue: Charged upfront or unexpected fees
Subissue:
Consumer Complaint: Dear [ Creditor ], I hope this letter finds you well. I am writing to address a matter concerning my credit report and the late payments that have been reported by your company. I believe that these late payments have been inaccurately reflected on my credit report, which is a violation of my rights under the Fair Credit Reporting Act ( FCRA ). According to the FCRA, specifically 15 USC 1681 section 602, I have a fundamental right to privacy when it comes to my personal financial information. Additionally, 15 USC 1681 section 604a section 2 states that a consumer reporting agency, such as yourself, can not furnish information about my account without my explicit written instructions. Furthermore, I would like to draw your attention to 15 USC 1666b, which states that a creditor may not treat a payment on a credit card account under an open consumer plan as late for any purpose. It is my understanding that this provision applies to my situation, as the late payments in question were made within the appropriate timeframe. Given the aforementioned legal provisions, I kindly request that you take immediate action to rectify this matter. Specifically, I request that you remove the late payments from my credit report and ensure that my credit history accurately reflects my payment history. I trust that you will handle this matter promptly and in accordance with the law. Please provide written confirmation once the necessary corrections have been made to my credit report. Failure to comply with my request may result in further legal action to protect my rights under the FCRA. Thank you for your attention to this matter. I look forward to a swift resolution. Sincerely, I
Company Response:
State: CA
Zip: 90221
Submitted Via: Web
Date Sent: 2023-11-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-21
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I called and told the company which is a third party company and advised them that the two accounts are not mines and if they could send me out information about the accounts I want the company to show proof that the debt is mines and I need those accounts removed immediately without prejudice because of an accurate information and I have asked them that the information on the account is not mines and I let them know that I am calling about those accounts so he didnt know that it was me and they verified it with me and I want them to remove without prejudice for an accurate information and no proof that the accounts are mine
Company Response:
State: MD
Zip: 21236
Submitted Via: Web
Date Sent: 2023-11-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-21
Issue: Electronic communications
Subissue: Frequent or repeated messages
Consumer Complaint: Notice to all, I, am that I am, the consumer in fact, natural person, original creditor, lender, executor, administrator, holder in due course for any and all derivatives thereof for the surname/ given name XXXX XXXX XXXX XXXX , and I have been appointed and accept being the executor both public and private for all matters proceeding, and I hereby claim that I will d/b/a XXXX XXXX XXXX XXXX and autograph as the agent, attorney in fact, so be it ; Whereas, I of age, of majority, give this herein notice to all, I make solemn oath to the one and only most high of creation only, whoever that may be, and I depose the following facts, so be it, now present : Fact, The Fair Debt Collection Practices Act ( FDCPA ) ( 15 USC 1692 et seq. ), which became effective in XXXX XXXX, was designed to eliminate abusive, deceptive, and unfair debt collection practices. Fact, Affiant is aware and has proof that Resurgent Capital Services, is in violation of 15 usc 1692c. 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. Resurgent Capital Services did not receive any prior consent from me. Fact, Affiant is aware and has proof Resurgent Capital Services, is in violation of 15 usc 1692g. Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; Fact, Affiant is aware and has proof Resurgent Capital Services, is in violation of 15 usc 1692b. Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall ( 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. Fact, Affiant is aware and has proof Resurgent Capital Services, is in violation of 15 usc 1692g. Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector. Fact, Affiant is aware and has proof Resurgent Capital Services, is in violation of 15 usc 1692d. A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person. A negative account hurts my financial reputation. Fact, Affiant is aware and has proof Resurgent Capital Services, is in violation of 15 usc 1692 ( d ) ( 2 ). 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. Fact, Affiant is aware and has proof XXXX XXXX XXXX is in violation of 15 usc 1692 ( i ) ( a ) ( 2 ) ( a ). Any debt collector who brings any legal action on a debt against any consumer shall in the case of an action not described in paragraph ( 1 ), bring such action only in the judicial district or similar legal entity in which such consumer signed the contract sued upon. Fact, Affiant is aware and has proof Resurgent Capital Services, is in violation of 15 usc 1692 ( j ) ( a ). It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. Fact, Affiant is aware and has proof Resurgent Capital Services, is in violation of 15 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 ( 1 ) any actual damage sustained by such person as a result of such failure. ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00} ; or ( B ) in the case of a class action, ( i ) such amount for each named plaintiff as could be recovered under subparagraph ( A ), and ( ii ) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of {$500000.00} or 1 per centum of the net worth of the debt collector.
Company Response:
State: GA
Zip: 30318
Submitted Via: Web
Date Sent: 2023-11-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-21
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX I would like LVNV Funding LLC to remove all these accounts from all consumer reporting agencies.
Company Response:
State: NC
Zip: 27105
Submitted Via: Web
Date Sent: 2023-11-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A