Date Received: 2023-10-10
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: Im not swayed that Bureaus efficiently pleased the principles of the Fair Credit Reporting Act in completing their investigation. The XXXX, XXXX and XXXX Credit Bureau is reporting inaccurate information on LVNV FUNDING LLC. This status is damaging to my report, which would not be happening if the bureaus investigated properly before posting incorrect information. Per FCRA, Reporting must be 100 % accurate. Here is the list of the erroneous account reporting on my Credit report. LVNV FUNDING LLC XXXX
Company Response:
State: HI
Zip: 96786
Submitted Via: Web
Date Sent: 2023-10-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-10
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: Ok the company LVNV funding I sent them multiple letters stating that they were not allowed to keep collecting on a debt. And they were supposed to cease collection attempts when I sent in those notices. 15 USC 1692 g ( b ) b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor. 15 USC 1692g ( c ) ( c ) Admission of liability The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. This company kept trying to collecting in this debt and did not cease collection efforts and still was on my credit report thru the times that the debt was supposed to be getting validated. This is a direct violation of the FCRA and needs to be removed from XXXX and also XXXX.
Company Response:
State: PA
Zip: 19023
Submitted Via: Web
Date Sent: 2023-10-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-09
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: I have been made aware that XXXX XXXX XXXX XXXX still has a closed account listed on my credit report, and also have listed the same account with a credit report. It is a violation of my rights to have duplicate accounts on my credit report. The credit agency is LVNV and the amount listed is {$600.00}. They are also in violation for reporting inaccurate dates ; they are saying this was opened XX/XX/2022 and that is a blatant lie, it is much older and nearing the statute of limitations in my state. They are also listing this account as having an open balance which is a violation in itself as there can not be an account in collections with an outstanding balance.
Company Response:
State: WV
Zip: 25801
Submitted Via: Web
Date Sent: 2023-10-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-09
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: CFPB, RE : XXXX XXXX XXXX XXXX XXXX XX/XX/2023, to the Consumer Financial Protection Bureau in response to complaint # XXXX XXXX XXXX XXXX XXXX XXXX, XXXX state : Thank you for the opportunity to respond to complaint number XXXX of XXXX XXXX. XXXX and XXXX XXXX XXXX did not threaten legal action against XXXX XXXX and does not report to the credit bureaus. Admitting no wrong doing, XXXX and XXXX XXXX XXXX XXXX has closed this account and returned it to our client. XXXX XXXX will not be hearing from XXXX and XXXX again regarding this account. XXXX and XXXX XXXX XXXX XXXX XXXX Such typos and inconsistencies alone are indicative of the business practices of Take & /and Kirlin and Associates ( LVNV FUNDING LLC XXXX XXXX XXXX XXXX et al ). XX/XX/2023, and XX/XX/2023, Pages 2 of letters sent via USPS from XXXX XXXX XXXX XXXX XXXX XXXX state : The law limits how long you can be sued on a debt. Because of the age of your debt, LVNV FUNDING LLC can not sue you for it. If you do not pay the debt, LVNV FUNDING LLC may report or continue to report it to the credit reporting agencies as unpaid. Despite Admitting no wrong doing, XXXX XXXX XXXX XXXX XXXX XXXX XXXX : XXXX and XXXX XXXX XXXX did not threaten legal action... and does not report to the credit bureaus. yet LVNV FUNDING LLC may report or continue to report it to the credit reporting agencies as unpaid. As such, apparently, XXXX XXXX XXXX XXXX XXXX XXXX choose to ignore Page 2 of their own letters. Premeditated and/or actual slander, libel, and defamation of character are legal actions intended to damage credit worthiness and economic standing whether or not a court of law is involved. Unlike the CFPB, XXXX XXXX does not recognize nor distinguish differences between multiple companies represented on the same letterhead issuing suggestions of legal actions such as reports to credit reporting agencies/bureaus sent through the United States Postal Service . Also unlike the CFPB, XXXX XXXX does not condone, support, or dismiss perjury to Federal institutions ( 18 U.S.C. 1001 ) such as the CFPB, despite the assumptions, actions, and crumbling integrity of businesses in the United States of America. Get these perjurous panhandling frauds out of the Peoples inboxes. XXXX -- Vi XXXX XXXX XXXX, XXXX All Rights Reserved XXXX XXXX XXXX XXXX XXXX XXXX, NV XXXX XXXX : XXXX ( XXXX ) XXXX Email : XXXX All communications logged as harassment spam and forwarded to the appropriate agency, department, institution, et al to assist informing lawsuits regarding any and all fraud and predatory revenue creation practices.
Company Response:
State: NV
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-10-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-09
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I am giving authorization to this company to respond to this cfpb complaint before I proceed with litigation. As a federally protected consumer, this company has violated my consumer rights and has defamed my character by attempting to collect an alleged debt. They also have reported this information to consumer reporting agencies when I have never engaged in an agreement with this company, nor have I given them written, nonwritten, verbal, nonverbal consent to communicate with me both directly and indirectly pursuant to 12 CFR 1006.6 ( b ) ( 4 ) ( i ) and multiple federal laws pursuant to 15 U.S. Code Subchapter V - DEBT COLLECTION PRACTICES. Furthermore, they claim that they are attempting to collect a debt from a purchased contract which violates Uniform Commercial Code 3-203 which states that once a contract has been transferred, you cancel all rights to collect. I have a right to privacy pursuant to the privacy act of 1974, to be more specific 5 U.S.C 552a, and this company did not get my permission to use my social security number which has caused me monetary damages. I could not purchase a home, a new vehicle or further extend my credit as a result of this pursuit. The following are federal laws that have been violated in pursuit of this alleged obligation with a brief explanation on how it was violated. 12 CFR 1006.10 and 15 U.S. Code 1692b - Acquisition of location information. Stating that I owe a debt on consumer report ( s ) and using language that states that the communication relates to the collection of a debt 12 CFR 1006.6 and 15 U.S. Code 1692c - Communications in connection with debt collection. I have already stated the reason above 12 CFR 1006.14 and 15 U.S. Code 1692d - Harassing, oppressive, or abusive conduct. The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader. In connection with the collection of any debt, a debt collector must not communicate or attempt to communicate with a person through a medium of communication if the person has requested that the debt collector not use that medium to communicate with the person. 12 CFR 1006.18 and 15 U.S. Code 1692e - False, deceptive, or misleading representations or means. The false representation of the amount of the alleged debt. The threat to take any action that can not legally be taken or that is not intended to be taken. The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. The false representation or implication that accounts have been turned over to innocent purchasers for value. 12 CFR 1006.22 and 15 U.S. Code 1692f - Unfair or unconscionable means. The collection of any amount ( including any interest, fee, charge, or expense incidental to the principal obligation ) unless such amount is expressly authorized by the agreement creating the debt and I never created an agreement with this company. 12 CFR 1006.34 and 15 U.S. Code 1692g - Notice for validation of debts. Company did not validate the debt and send the entire purchase agreement to me, the consumer. 15 U.S. Code 1692h - Multiple debts. Once the debt is disputed, any and all payments shall apply in accordance with the consumers directions and my directions were to send me back my compensation by mail. 12 CFR 1006.26 and 15 U.S. Code 1692i - Legal actions by debt collectors This subchapter prohibits any authorizations from a debt collector to bring forth legal actions. 12 CFR 1006.38 - Disputes and requests for original-creditor information. UCC 3-203 - TRANSFER OF INSTRUMENT ; RIGHTS ACQUIRED BY TRANSFER. I have already stated the reason above. 12 CFR 1022.42 and 12 CFR 1022.43 and 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies. 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. 5 U.S. Code 552a - Records maintained on individuals. I have the right to keep my financial life private and I have not given this company any authorization to use my social security number. 3-203. TRANSFER OF INSTRUMENT ; RIGHTS ACQUIRED BY TRANSFER. Primary tabs ( a ) An instrument is transferred when it is delivered by a person other than its issuer for the purpose of giving to the person receiving delivery the right to enforce the instrument. ( b ) Transfer of an instrument, whether or not the transfer is a negotiation, vests in the transferee any right of the transferor to enforce the instrument, including any right as a holder in due course, but the transferee can not acquire rights of a holder in due course by a transfer, directly or indirectly, from a holder in due course if the transferee engaged in fraud or illegality affecting the instrument. ( c ) Unless otherwise agreed, if an instrument is transferred for value and the transferee does not become a holder because of lack of indorsement by the transferor, the transferee has a specifically enforceable right to the unqualified indorsement of the transferor, but negotiation of the instrument does not occur until the indorsement is made. ( d ) If a transferor purports to transfer less than the entire instrument, negotiation of the instrument does not occur. The transferee obtains no rights under this Article and has only the rights of a partial assignee.
Company Response:
State: FL
Zip: 33414
Submitted Via: Web
Date Sent: 2023-10-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-09
Issue: Incorrect information on your report
Subissue: Personal information incorrect
Consumer Complaint: My name is different than the name on file
Company Response:
State: OH
Zip: 448XX
Submitted Via: Web
Date Sent: 2023-10-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-09
Issue: Electronic communications
Subissue: Frequent or repeated messages
Consumer Complaint: I would like to stop receiving emails from XXXX XXXX who does not share how they they are in conjunction with LVNV. Please provide this information and please provide verification of debt. I have received XXXX emails since XX/XX/XXXX and about XXXX since XX/XX/22. I consider this harassment as they are also using multiple XXXX to reach out such as XXXX XXXX XXXX XXXX, XXXX XXXX and XXXX XXXX who are constantly spamming me. They are using multiple LLCs or names so as to cause confusion. I also did not agree for debt to be collected by either LVNV OR XXXX XXXX or anyone else. They are also constantly threatening to return debt if unresolved when in fact I did not agree to work with them.I do not appreciate the threats and that is not how to go about this. Please explain why you felt the threats were necessary. They are soliciting me for money and quoted " It is the policy of LVNV Funding LLC, the current creditor, to delete the tradeline upon satisfaction of an account that they have reported. Please note, this applies only to the tradeline reported by LVNV Funding LLC and will not affect the tradeline of the original creditor or any other third party. '' Which means I would still owe the original creditor, please explain why I would pay this yet it would not affect the original creditor who I actually owe debt to. These are bad business practices that I would not like to be involved with at all and are causing me much harm. Please explain how it is valid to do all the above. I would like to close this debt account.
Company Response:
State: TX
Zip: 77904
Submitted Via: Web
Date Sent: 2023-10-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-10
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: LVNV FUNDING is reporting several inaccuracies on my credit report and failed in the past to provide requested documents verifying the validity of their collections. On this particular account, they are listing a debt for {$550.00}, saying the account was opened on XX/XX/2022. That is blatantly false ; I have been fighting this company for years over this account. I am nearing the statute of limitations for debt collection in my state and they are fraudulently reporting the age of this account. They are also listing this account as being " open. '' It is illegal and a violation of my rights to have an account with an open balance to be in collections, thus indicating immediate removal. In the past, this company only provides me with scanty verification on this debt and failed to provide me the information that was used to validate the account, proof of ownership of the account, verification of creditor, the last XXXX years of payment history on the account, and a copy of the original agreement with my signature. It is well within my rights to have requested this, and a violation of said rights under the FDCPA that they provided to do so. Generic verification was all I ever received. My last name at the time this issue began was XXXX.
Company Response:
State: WV
Zip: 25801
Submitted Via: Web
Date Sent: 2023-10-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-10
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: On XXXX XXXX I mailed a letter to LVNV requesting information about an alleged debt. My FCRA rights are being violated as the company did not respond. The letter sent is below. To whom this may concern, I would like to affirm here in this notice that this debt is invalid. Please note On this day XXXX, I reserved my rights to dispute this alleged debt, pursuant the Fair Debt Act concerning the validity of this alleged debt. Please note that I do understand and reserve all of my rights granted by Fair Debt Collection Act under Federal Laws, which gives me the right to dispute the validity and accuracy of any debt claim. I would like to aver herein this notice, that I do not believe these alleged debt to be correct and accurate. Please note that this is not an attempt to avoid a debt that may be valid. If your company LVNV Funding claims this debt is valid, correct, and accurate, I challenge your company to produce the following specific verification of records : 1. A copy of original contract, ( the unaltered genuine original wetting ink signature copy ), paper chattel. Attached with a signed application dated with my signature. 2. Proof that your company offered me some form of consideration ( i.e. loan, service, or good ) and proof that I accepted your companys offer. 3. The specific identities of the real parties of interest 4. A sworn affidavit of verification from a company employee or a custodian of records affirming that they have personal knowledge of this alleged account and that amount of XXXX XXXXis owed to LVNV Funding. 5. A full ledger of accounting documentation. 6. Specific services and codes ( please include service codes ). 7. Please provide your Georgia business license and articles of incorporation to do business in my state of Georgia. Please note that the legal term for verification is as follows, -verification n. the declaration under oath or upon penalty of perjury that a statement or pleading is true, located at the end of a document. For example a typical verification reads : " I declare under penalty of perjury under the laws of Georgia, that I have read the above complaint and I know it is true of my own knowledge, except as to those things stated upon information and belief, and as to those I believe it to be true. - Law definition Terms and conditions I hereby give your company LVNV, 10 business days to produce verification described herein this notice .If your company fails to produce the aforementioned verification documentation within the measure of this time outline above, then it will be assumed that the alleged debt is invalid and I am accountable for no more than XXXX dollars in regards to this alleged debt. Also please note, I will not accept anything less than a sworn affidavit under penalty of perjury by a custodian of record, employer by the allege creditor, affirming that the said alleged debt exceeds more than XXXX dollars. Please refrain from contacting me by phone or mail concerning this alleged debt until the aforementioned verification/validation is satisfied. Failure to do so may result in me initiating a legal action and/or a filing an administrative complaint with the appropriated agencies including the Federal Trade Commission and the Consumer Protection Financial Bureau for further investigation. Thank you very much in advance for your prompt response. Respectfully, XXXX XXXX
Company Response:
State: GA
Zip: 30349
Submitted Via: Web
Date Sent: 2023-10-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-10
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: Hello, LVNV and/or Resurgent. In your response to Complaint XXXX your office stated ; Resurgent and the Current Owner comply with all applicable regulatory and licensing requirements in each state where they operate. First of all, I wanted to let you know I did not ask for this information but I would like to see said licensing and permits pertaining to doing business in the state of California. I only see you do businesses in South Carolina, Maryland, and Nevada. Please attach licensing details. You also stated ; Resurgent has reviewed XXXX XXXX additional concerns. From our review, we believe most of their concerns were already addressed in our response to their previous inquiry dated XXXX XXXX XXXX We are enclosing a copy of our previous response for review. Your previous communication AGAIN only explained how you purchased this alleged debt/account and sent along several statements. Please be advise automatization break down of charges ARE NOT considered proper validation of Debt, therefore, your statements wont satisfy this request. Like I said before, I sent to your office ( Email copy attached ) a validation letter requesting the following ; Resurgent Capital Services Please provide the following : Agreement with your client that grants you the authority to collect on this alleged debt. Agreement that bears the signature of the alleged debtor wherein he/she agreed to pay the creditor. ( Original and Completed Credit Application Form ) Any insurance claims been made by any creditor regarding this account. Any Judgments obtained by any creditor regarding this account. Name and address of alleged creditor. Name on file of alleged debtor. Alleged account number. Address on file for alleged debtor. Amount of alleged debt. Date this alleged debt became payable. Date of original charge off or delinquency. Verification that this debt was assigned or sold to collector. Complete accounting of alleged debt. Commission for debt collector if collection efforts are successful. Completed detailed transactions, refunds, chargebacks, credits, or dishonored checks that put the account on negative balance. ( All Credit Card Statements from beginning to last one ) Original Purchase Agreement between you and alleged creditor. As of today XXXX XXXX XXXX I have NOT received the requested documentation, instead break down of charges and statements of the alleged account which per law does not constitute validation of debt. You were supposed to send it all, specially the original purchase agreement between both parties. 30 days had passed so this collection must cease right away. I hope all collection are currently NOT REPORTING while under investigation ( past and current investigations ) and closes as soon as possible or Ill be working with my current law firm to seek legal remediation, and it wont come cheap. Ive been turned down line of credit for my business and mortgage due to this account. I will be demanding remediation for all lost business and defamation of character. Attachment ( XXXX ) : Email with Validation of Debt attached to it. Your own Response to XXXX Complaint Original Validation of Debt Request ( sent in email )
Company Response:
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-10-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A