Date Received: 2023-10-03
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: Subject : Formal Complaint and Notice of Violations of the Fair Credit Reporting Act ( FCRA ) I am writing to express my deep dissatisfaction and frustration regarding the repeated harassment and unjust collection attempts made by LVNV Funding LLC ( hereafter referred to as " LVNV '' ) in relation to alleged debts that are not owed by me. I initially filed a complaint with the Consumer Financial Protection Bureau ( CFPB ) on XX/XX/2023, regarding this matter. The accounts listed under reference numbers XXXX and XXXX were removed from my credit reports after this initial complaint. Despite this, LVNV has once again reported these debts on my credit reports without sufficient evidence to establish their validity. My primary concern is that LVNV has failed to provide me with proper documentation demonstrating my obligation to pay these alleged debts and a contractual agreement between myself and LVNV. I have repeatedly requested LVNV to furnish this information as required by law, but to date, they have not complied with my requests. These debts are not mine, and I have no legal obligation to pay them. Furthermore, it has come to my attention that LVNV has violated various provisions of the Fair Credit Reporting Act ( FCRA ), a federal statute that governs the accuracy and fairness of credit reporting. LVNV 's actions have caused severe emotional distress and financial strain, impacting my ability to achieve my financial goals and maintain my financial stability. The following are the specific FCRA violations committed by LVNV Fundi ng LLC : Failure to Provide Validation : LVNV has repeatedly failed to provide adequate validation of the alleged debts, as required by FCRA Section 611 ( a ) ( 5 ) ( A ), thereby violating my rights under this section. Re-Reporting Disputed Information : LVNV 's re-reporting of the disputed debts without sufficient evidence and in disregard of my initial complaint to the CFPB constitutes a violation of FCRA Section 611 ( a ) ( 5 ) ( B ). Willful Noncompliance : Given the repeated nature of LVNV 's violations, it appears to be a willful noncompliance with FCRA regulations, constituting a willful violation under FCRA Section 616. I want to make it clear that I take these violations seriously, and I am prepared to pursue legal action to protect my rights and seek redress for the harm caused. Under the FCRA, I am entitled to statutory damages of {$1000.00} per violation, and I may seek additional compensation for the emotional and financial distress that this matter has caused. In light of the above, I demand the following actions be taken by LVNV Funding LLC : Immediate removal of all references to the disputed debts ( account numbers : XXXX and XXXX ) from my credit reports. A written response within 30 days of receiving this letter, providing valid documentation demonstrating my legal obligation to pay these debts. A written acknowledgment of your FCRA violations and a commitment to cease any further reporting of these disputed debts to credit bureaus without valid proof of their validity. Compensation for the emotional distress, financial strain, and hindrance to my financial goals caused by LVNV 's actions. Failure to address these concerns within the stipulated time frame will leave me with no choice but to pursue legal remedies available under the FCRA. I anticipate your immediate attention to this matter and request that all communication from LVNV Funding LLC be in writing going forward to maintain a record of our interactions. Sincerely, XXXX XXXX XXXX
Company Response:
State: FL
Zip: 33068
Submitted Via: Web
Date Sent: 2023-10-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-03
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: My name is XXXX and I am writing to state that LVNV FUNDING/ RESURGENT CAPITAL SERVICES is a debt collector and Congress has made it known in the Fair Debt Collection Practices Act ( 15 USC 1692 ) that there is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors including the LVNV FUNDING/ RESURGENT CAPITAL SERVICES. Since LVNV FUNDING/ RESURGENT CAPITAL SERVICES oppressive actions deciding to infringe on my personal privacy, this has harmed my general reputation of credit worthiness by furnishing such alleged debt to the consumer reporting agencies. See proof in the attachment labeled as Exhibit A. This constitutes as a violation pursuant to 15 U.S. Code 1692d ( 1 ) for the use or threat of use of XXXX or other criminal means to harm the physical person, reputation, or property of any person.
Company Response:
State: PA
Zip: 19139
Submitted Via: Web
Date Sent: 2023-10-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-03
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: To whom it may concern, I XXXX XXXX have been a victim of identity theft and fraud, as a result of erroneous incorrect information I have suffered a financial loss significantly. I have tried contacting all of these creditors to provide information or validation and I have never received any supportive documentation that proves I am liable or consented to any service or good these companies offer. Please remove this incorrect information from my credit report. The following account is not mine LVNV FUNDING LLC Account Number : XXXX Amount : {$650.00} Date : XXXX Please remove this inaccurate information from my credit report. The following account is not mine XXXX XXXX XXXX Account Number : XXXX Amount : {$560.00} Date : XX/XX/XXXX Please remove this inaccurate information from my credit report. The following account is not mine XXXX XXXX Account Number : XXXX Amount : {$1200.00} Date : XX/XX/XXXX Please remove this inaccurate information from my credit report. The following account is not mine XXXX XXXX XXXX XXXXXXXX Account Number : XXXX Amount : {$200.00} Date : XX/XX/XXXX Please remove this inaccurate information from my credit report. The following account is not mine XXXX XXXXXXXX Account Number : XXXX Amount : {$1100.00} Date : XX/XX/XXXX Please remove this inaccurate information from my credit report. The following account is not mine XXXX XXXX XXXXXXXX Account Number : XXXX Amount : {$8300.00} Date : XX/XX/XXXX Please remove this inaccurate information from my credit report. The following account is not mine XXXX XXXX XXXX Account Number : XXXX Amount : {$0.00} Date : XX/XX/XXXX Please remove it from my credit report. The following account is not mine XXXX XXXX Account Number : XXXX Amount : {$0.00} Date : XX/XX/XXXX Please remove this inaccurate information from my credit report.
Company Response:
State: IL
Zip: 60611
Submitted Via: Web
Date Sent: 2023-10-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-03
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: LVNV Funding LLC had purchased an account that had been opened using my information without my knowledge and they did so twice. They purchased the accounts from XXXX XXXX Bank XXXX. One has a balance of {$480.00} as of writing this and was opened on XX/XX/XXXX. Its status states that it is a Collections Account and {$480.00} past due as of XX/XX/XXXX. Another account that they had purchased from XXXX XXXX Bank XXXX. was opened on XX/XX/XXXX. It has a current balance of {$660.00}. The type of the account states it is a XXXX XXXX. The status of the account states it is a Collections Account and {$660.00} past due as of XX/XX/XXXX. I have filed a dispute against these accounts as they are fraud. I have never utilized or personally opened a line of credit of any kind at any point.
Company Response:
State: CA
Zip: 932XX
Submitted Via: Web
Date Sent: 2023-10-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-03
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I disputed items inaccurate on my credit report. This is not my debt. I asked for a signatures, agreements, purchase information such as who authorized, where items were bought, delivered to, picked up from- etc.The companies only provided me with monthly statements. I argued that this is not proof of a debt owed the company said that they verified my name and address so its considered valid. I explained that they are violating FCRA REGULATIONS. They said that they are well within their rights as a creditor/ credit reporting agency
Company Response:
State: GA
Zip: 30134
Submitted Via: Web
Date Sent: 2023-10-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-04
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: Don't know the company. I never did business with this company. XXXX {$850.00} past due collection
Company Response:
State: FL
Zip: 33060
Submitted Via: Web
Date Sent: 2023-10-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-04
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: XXXX Credit reporting agency has continually allowed XXXX different creditors : XXXX XXXX XXXX, XXXX XXXX XXXX and LVNV Funding LLC to report inaccurate information to my credit file. I have submitted numerous disputes with supporting documentation every month since XXXX of XXXX. This company has failed to correct my credit report and update accurate information. They have continually violated my rights under the Fair Credit Reporting Act. As such I have been denied home ownership, financing, credit and other essentials that should be afforded to every XXXX. They have never made an effort to correct or remove this information based on the discrepancies that are clearly and unfairly reported thus breaking the law.
Company Response:
State: MI
Zip: 48185
Submitted Via: Web
Date Sent: 2023-10-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-04
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: I received multiple letters : XX/XX/XXXX Regarding sale of XXXX XXXX Account ending in XXXX. Letter stated XXXX XXXX XXXX, XXXX sold account to Resurgent Acquisitions LLC on XX/XX/XXXX. Original Creditor : XXXX XXXX Open date : XX/XX/XXXX Reselling Creditor : XXXX XXXX Transfer date : XX/XX/XXXX Reselling Creditor : XXXX XXXX XXXX, XXXX Transfer date : XX/XX/XXXX Debt Buyer : Resurgent Acquisitions LLC Transfer Date : XX/XX/XXXX Another letter dated XX/XX/XXXX states, effective XX/XX/XXXX, LXXXX XXXX XXXX has placed the account with Resurgent Capital Services L.P. for servicing. Amount owed is {$1000.00}. I have had a XXXX account years ago, but was unaware of any default in the debt.
Company Response:
State: CT
Zip: 06614
Submitted Via: Web
Date Sent: 2023-10-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-03
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: Has an attorney verified the accuracy of this account? If not, I urge you to remove it from my credit report without delay, or else I will pursue legal action.
Company Response:
State: MS
Zip: 39402
Submitted Via: Web
Date Sent: 2023-10-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-28
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: Previously, disputed with creditor on XX/XX/ and XX/XX/ asking to verify or delete as I do not having account open. It's been over 60 days and I haven't heard back from them. I sent them a copy of credit report to further assist with request. This account is not mine.
Company Response:
State: IA
Zip: 50320
Submitted Via: Web
Date Sent: 2023-09-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A