Date Received: 2024-01-13
Issue: Confusing or missing disclosures
Subissue:
Consumer Complaint: As a consumer I have been violated and harassed numerous times from debt XXXX with threats of being sued in emails and phone calls several times a day. It has caused a lot of stress. Please have these debt collections removed, and in writing they will be receiving a letter of violations under a fair debt collections act. Items below are third party debt XXXX attempting to collect debt and harassing me with multiple email and threats of being sued, XXXX XXXX XXXX, XXXX XXXX XXXX, LVNV Funding LLC.
Company Response:
State: PA
Zip: 19131
Submitted Via: Web
Date Sent: 2024-01-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-13
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I request that the LVNV Funding LLC provides the contract directly outlining the transfer of my rights, titles, and interests from me to them. I have sent multiple information requests to the company regarding my rights, titles, and interests. If such a contract can not be produced, I kindly ask for the removal of this information from my credit report. Specifically, I am seeking clarification on the contract solely between the LVNV and me, where I am purportedly said to have signed over my rights, titles, and interests. I am not seeking debt validation ; rather, I am requesting a direct contract with the LVNV Funding LLC to engage in business together, specifically to transfer my rights, titles, and interests to them directly.
Company Response:
State: OH
Zip: 43232
Submitted Via: Web
Date Sent: 2024-01-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-13
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: I sent a communication to LVNV FUNDING, regarding my option to opt out of having my nonpublic personal information shared/reported to any credit bureaus including XXXX, XXXX and XXXX. In regards 15 USC Code 6802, it states that : a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party ( LVNV FUNDING AND THE BUREAUS MENTIONED ABOVE ARE NOT AFFILIATED ) 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. ( 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 ( They NEVER gave me this information/option ) ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. ( Again, they never gave me that option when the transaction was initially done ). *Also see ; 12 CFR Part 1016 Subpart A* They DID NOT give me full disclosure when the transaction initially took place, which is misleading and fraudulent. NONPUBLIC PERSONAL INFORMATION MEANS : personally identifiable financial information ( i ) provided by a consumer to a financial institution ; ( ii ) resulting from any transaction with the consumer or any service performed for the consumer ; or ( iii ) otherwise obtained by the financial institution. NON AFFILIATED THIRD PARTY MEANS : any entity that is not an affiliate of, or related by common ownership or affiliated by corporate control with, the financial institution, but does not include a joint employee of such institution.
Company Response:
State: FL
Zip: XXXXX
Submitted Via: Web
Date Sent: 2024-01-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-12
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I am writing to inform the Consumer Financial Protection Bureau ( CFPB ) about a distressing incident of identity theft that I have recently experienced. Unfortunately, I have become a victim of unauthorized access to my personal and financial information. In light of this, I have taken immediate steps to address the situation, including notifying my financial institutions, changing passwords for online accounts, and reporting the incident to law enforcement. I am reaching out to the CFPB to formally report this incident and seek guidance on further actions I should take to protect my financial interests and personal information. Your assistance and expertise in handling cases of identity theft are highly appreciated, and I trust that the CFPB will provide the necessary support to help me navigate through this challenging situation. Thank you for your attention to this matter. I look forward to any guidance or assistance you can offer. Sincerely, XXXX XXXX
Company Response:
State: FL
Zip: 33126
Submitted Via: Web
Date Sent: 2024-01-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-11
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: On XX/XX/XXXX I received an email from a company called XXXX, a collection agency which indicated that they were collecting a debt for LVNV Funding also a collection agency. The email stated that the original creditor was XXXX XXXX XXXX. The email also stated the debt was too old to collect upon or report to any credit bureau. The whole thing sounded suspicious one collection agency collecting for another. I have never knowingly done business with XXXX XXXX Bank. I sent a letter to XXXX stating that the entire collection attempt was invalid and disputed and I requested validation. I received a letter today from Resurgent Capital Services trying to collect on the same debt. Their letter acknowledged the XXXX contact inquiry and referenced the owner as LVNV funding with the originator XXXX XXXX XXXX. They did not provide validation of the debt. This letter also states the debt is beyond the age of collection and too old to send to a credit bureau. This whole thing appears to be one big scam with several collection agencies involved.
Company Response:
State: IL
Zip: 60137
Submitted Via: Web
Date Sent: 2024-01-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-11
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: Consistent with Congressional policy, I have the right to ensure my private information is not shared without my consent. 15 USC 6801. 15 USC 1681 ( b ) ( 2 ) states that " [ i ] n 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. '' See also P.L 90-321 ( 82 Stat. 146 ). LVNV Funding, LLC ( " LVNV '' ) does not have my consent to furnish this information and they surely do not have my written consent. This lack of consent is confirmed by the attached legal opt-out notice. Moreover, 5 U.S. Code 552a ( a ) ( 4 ) and 5 U.S. Code 552a ( b ) ( 12 ) ( hereinafter the Privacy Act ) protects my right to privacy. Under the Privacy Act, subsection ( a ) ( 4 ), the term records include a consumer report. The disclosure of a consumer report ( a record ) under the Privacy Act can not be furnished without the prior written instruction of the consumer ( the individual to whom it relates ). LVNV does not have my written consent to publicly furnish these records nor can they produce the same as it was never given to them. Additionally, 15 USC 6802 ( b ) ( c ) forbids the disclosure of " nonpublic information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. LVNV never informed me of my right to exercise my nondisclosure option. And per the enclosed notice, I revoked any consent - implied, express, verbal, or non-verbal- to which LVNV may have been relying on is legally revoked indefinitely. 15 U.S.C. 1681s-2 ( A ) ( 1 ) 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 information is inaccurate. Also, 12 CFR 1016.17 states that [ a ] consumer may exercise the right to opt-out at any time. I am opting out of LVNV 's reporting of this account. Accordingly, LVNV has received lawful notice of my opt-out of their reporting of the following account to non-affiliated third parties- such as XXXX, XXXX, and XXXX. Thus, LVNV is not lawfully permitted to continue reporting this account on any of the consumer 's credit reports.
Company Response:
State: NY
Zip: 117XX
Submitted Via: Web
Date Sent: 2024-01-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-11
Issue: Closing your account
Subissue: Company closed your account
Consumer Complaint: To whom it may concern : XX/XX/XXXX Per the Fair Credit Reporting Act, As a federally protected consumer, I am opting out of any and all authorization I the consumer may have given you written, unwritten, verbal or nonverbal per 15 : USC-6802. Thank you XXXX XXXX XXXX
Company Response:
State: OH
Zip: 43207
Submitted Via: Web
Date Sent: 2024-01-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-11
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: Attention : Registered Agent To : BUSINESS ENTITY THAT IS AUTHORIZED TO TRANSACT BUSINESS LVNV FUNDING LLC From : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, GA XXXX Notice of Intent to FILE Lawsuit To Whom It May Concern This alleged account # XXXX is not my account and I will not pay this account. Let this letter serve as a formal notice of my Intent to file a Lawsuit against your Company LVNV FUNDING LLC due to your blatant disregard and violation of the FCRA laws. The reporting of such inaccurate information has caused severe damage to my character, my reputation, my general mode of living, and my ability to obtain personal credit for household purposes. Please Note : [ pursuant to 1681i ( a ) ], a credit bureau must bear some responsibility for evaluating the accuracy of information obtained from subscribers. Id. ( citing XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. I have experienced emotional, character, and economic loss due to LVNV FUNDING LLC and I will be seeking punitive and monetary restitution which will include any Applicable Attorney Fees as such. This account was disputed on all XXXX credit reporting agencies and Deleted by XXXX and XXXX ; however, XXXX XXXX XXXX XXXX is still verifying on XXXX. This is ridiculous and a violation of my rights! Violations of my Rights to Privacy : 15 U.S.C. 1681 - U.S. Code - Unannotated Title 15. Commerce and Trade 1681. ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine public confidence which is essential to the continued functioning of the banking system. I have a right to privacy. I need granted LVNV FUNDING LLC to report my information to any credit bureau. Violations of my Rights to have credit report free of any errors or commissions : 15 U.S. Code 1681- Congressional findings and statement of purpose which states : The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine public confidence which is essential to the continued functioning of the banking system. Accurate and correct in all detail, exactly free from error especially as the result of care LVNV FUNDING LLC has violated law and repeatedly reported inaccurate and incomplete information on my account for months. Violations of 15 U.S. Code 1681a - ( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report. LVNV FUNDING LLC has repeated this account as late ; II never had a payment schedule with this company and it is a collection from a charged-off debt and with a charged-off account there is no expected date of payment. Why? Because it is a charged-off account. However, LVNV FUNDING LLC has been deceptively and maliciously reporting this account late on my credit report because it is on my account and is like a late CHARGE hitting my account each month. This is hurting my credit score and making it almost impossible for my credit score to improve. LVNV FUNDING LLC is practicing Debt Parking purposely on my credit report. 3 ). LVNV FUNDING LLC has repeatedly reported this account XXXX late every month. This is a charge-off account that can not be reported as late because IT IS A CHARGED-OFF ACCOUNT. It is a Charge off account and a Charged off account can not be reported as late. ; however, LVNV FUNDING LLC repeatedly reports this account XXXX as late on my credit report every month. LVNV FUNDING LLC has been repeatedly dinging and reporting this account XXXX every month to further malign and damage my credit account. These are malicious and fraudulent acts that are being committed against me and my character. ( A ) Reporting information with actual knowledge of errors if a violation of FCRA. I demand this account be removed immediately from my credit report and submit a remittance in the amount of XXXX per violation of my FCRA rights.
Company Response:
State: GA
Zip: 304XX
Submitted Via: Web
Date Sent: 2024-01-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-11
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: Lvnv funding has got a debt from a credit card company that was obtain threw identity theft. I now have a credit lock on my account so this never happens again. I have tried to dispute this several time and ask that I be sent the original contract with my signature which I still have not received. I never opened this account or agreed to pay this debt to XXXX XXXX XXXX in the amount of XXXX
Company Response:
State: CT
Zip: 06902
Submitted Via: Web
Date Sent: 2024-01-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-11
Issue: Problem with a company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: XXXX and XXXX XXXX continue to report this alleged collection without verification or validation. I have received no correspondence about my right to dispute this alleged debt. Both XXXX and XXXX XXXX have to verify that all information being furnished is accurate. I am refusing to pay this alleged debt. Remove this debt from my consumer report. Cease reporting this account. ( a ) Identity and purposes of credit users 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. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. ( b ) Accuracy of report Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. ( c ) Disclosure of consumer reports by users allowed A consumer reporting agency may not prohibit a user of a consumer report furnished by the agency on a consumer from disclosing the contents of the report to the consumer, if adverse action against the consumer has been taken by the user based in whole or in part on the report. ( d ) Notice to users and furnishers of information ( 1 ) Notice requirement A consumer reporting agency shall provide to any person ( A ) who regularly and in the ordinary course of business furnishes information to the agency with respect to any consumer ; or ( B ) to whom a consumer report is provided by the agency ; a notice of such persons responsibilities under this subchapter. ( 2 ) Content of notice The Bureau shall prescribe the content of notices under paragraph ( 1 ), and a consumer reporting agency shall be in compliance with this subsection if it provides a notice under paragraph ( 1 ) that is substantially similar to the Bureau prescription under this paragraph. ( e ) Procurement of consumer report for resale ( 1 ) Disclosure A person may not procure a consumer report for purposes of reselling the report ( or any information in the report ) unless the person discloses to the consumer reporting agency that originally furnishes the report ( A ) the identity of the end-user of the report ( or information ) ; and ( B ) each permissible purpose under section 1681b of this title for which the report is furnished to the end-user of the report ( or information ). ( 2 ) Responsibilities of procurers for resale A person who procures a consumer report for purposes of reselling the report ( or any information in the report ) shall ( A ) establish and comply with reasonable procedures designed to ensure that the report ( or information ) is resold by the person only for a purpose for which the report may be furnished under section 1681b of this title, including by requiring that each person to which the report ( or information ) is resold and that resells or provides the report ( or information ) to any other person ( i ) identifies each end user of the resold report ( or information ) ; ( ii ) certifies each purpose for which the report ( or information ) will be used ; and ( iii ) certifies that the report ( or information ) will be used for no other purpose ; and ( B ) before reselling the report, make reasonable efforts to verify the identifications and certifications made under subparagraph ( A ). ( 3 ) Resale of consumer report to a Federal agency or department Notwithstanding paragraph ( 1 ) or ( 2 ), a person who procures a consumer report for purposes of reselling the report ( or any information in the report ) shall not disclose the identity of the end-user of the report under paragraph ( 1 ) or ( 2 ) if ( A ) the end user is an agency or department of the United States Government which procures the report from the person for purposes of determining the eligibility of the consumer concerned to receive access or continued access to classified information ( as defined in section 1681b ( b ) ( 4 ) ( E ) ( i ) [ 1 ] of this title ) ; and ( B ) the agency or department certifies in writing to the person reselling the report that nondisclosure is necessary to protect classified information or the safety of persons employed by or contracting with, or undergoing investigation for work or contracting with the agency or department. ( a ) Notice of debt ; contents 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 ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 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 ; and ( 5 ) a statement that, upon the consumers written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. ( 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. ( 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. ( d ) Legal pleadings A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection ( a ). ( e ) Notice provisions The sending or delivery of any form or notice which does not relate to the collection of a debt and is expressly required by title 26, title V of Gramm-Leach-Bliley Act [ 15 U.S.C. 6801 et seq. ], or any provision of Federal or State law relating to notice of data security breach or privacy, or any regulation prescribed under any such provision of law, shall not be treated as an initial communication in connection with debt collection for purposes of this section. ( 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. ( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 1692k of this title for failure to comply with a provision of this subchapter.
Company Response:
State: GA
Zip: 30132
Submitted Via: Web
Date Sent: 2024-01-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A