Date Received: 2023-09-30
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: LVNV Funding LLC # XXXX has violated my Consumer rights by illegally attaining my Nonpublic personal information and has furnished my Nonpublic personal information with third party affiliates with is a violation of 15 USC 6802... .Furthermore, this company does not have consent to use my Nonpublic personal information which is Identify Theft, I never signed any contract or have any agreements with LVNV Funding. LVNV does not have the right to furnish a debt with Consumer reporting agencies...
Company Response:
State: FL
Zip: 336XX
Submitted Via: Web
Date Sent: 2023-09-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-30
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: I called the company to correct the information on my account, but the rep was borderline rude and did not want to help me.
Company Response:
State: AZ
Zip: 85254
Submitted Via: Web
Date Sent: 2023-09-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-30
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: This complaint is about LVNV Funding. I XXXX XXXX am further requesting documentation to be provided to me as I did not receive any correspondence from LVNV Funding. The documentation I am requesting will be provided below, attached to this complaint.
Company Response:
State: OH
Zip: 43232
Submitted Via: Web
Date Sent: 2023-09-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-29
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.
Company Response:
State: PA
Zip: 18702
Submitted Via: Web
Date Sent: 2023-09-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-29
Issue: False statements or representation
Subissue: Told you not to respond to a lawsuit they filed against you
Consumer Complaint: The collection agency LVNV LLC funding sued me in XXXX XXXX, TX my court date XX/XX/XXXX and another one in XXXX XXXX
Company Response:
State: TX
Zip: 795XX
Submitted Via: Web
Date Sent: 2023-09-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-30
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: This company LVNV, Resurgent still continues to report on my credit by continuing to violate my consumer report. I have now filed a police report and ftc report and attorney general report. Your companies continue to pass my consumer report amongst each other extorting my credit causing harm against me without proof of any kind. Be advised pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g you failed to provide validation. Now I am sending you a cease and desist next will be legal actions. You have been reporting invalidated information to my credit bureaus ( XXXX, XXXX, or XXXX ) this action now constitute fraud under both Federal and State laws. Due to this fact if any negative mark is found on my credit reports upon receipt of receiving this notice. Any company you represent, any attorney that represents you or the companies that are attach to you or that represents you. I will not hesitate in bringing legal action against you or any parties. Let me remind you, you have been also in Violation of the Fair Credit Reporting Act, Violation of the Fair Debt Collection Practices Act, and Defamation of Character. Cease and Desist of reporting anything on my consumer report. Also from selling my signature or any information of mines to any other companies, Any fake Attorneys or any other companies that are tied to you.
Company Response:
State: SC
Zip: 29209
Submitted Via: Web
Date Sent: 2023-09-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-30
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: Pursuant to USC 8, I owe no debt. This company is violating my consumer rights to privacy pursuant to 15 USC1681 b. 2. Company has also NO permission to report ANYTHING using my info pursuant to 15 USC 1681 4. I would like the following accounts removed : LVNV FUNDING LLC : ACCT : XXXX XX/XX/XXXX {$340.00} XXXX XX/XX/XXXX {$450.00} XXXX XX/XX/XXXX {$650.00} XXXX XX/XX/XXXX {$250.00} XXXX {$430.00} XXXX XXXX XXXX ACCT : XXXX XX/XX/XXXX {$2200.00}
Company Response:
State: GA
Zip: 30043
Submitted Via: Web
Date Sent: 2023-09-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-29
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I never received service from XXXX. I have been with XXXX XXXX for 3 years. A representative came to my door to see if he could get me a better energy quote so I have permission for him to run my information. They can not provide you a bill with XXXX single date or kilowatt charge for my address. So they basically charged me for a quote. They then sold my information to a debt collector, LVNV FUNDING LLC.
Company Response:
State: TX
Zip: 75243
Submitted Via: Web
Date Sent: 2023-09-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-29
Issue: Took or threatened to take negative or legal action
Subissue: Seized or attempted to seize your property
Consumer Complaint: On or about XX/XX/XXXX, Authorized Agent, XXXX : XXXX sent the following correspondence : CERTIFIED MAIL NO. XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Chief Financial Officer LVNV FUNDING LLC d/b/a RESURGENT CAPITAL SERVICES LP ( " LVNV '' ) c/o XXXX XXXX XXXX XXXX XXXX XXXX South Carolina XXXX Re : Alleged Debt Account # : ending in XXXX XXXX XXXX, This instrument is a NOTICE OF DEFAULT IN DISHONOR AND CONFESSION OF JUDGMENT upon the following instrument presented in a private communiqu : NOTICE OF ALLEGED DEBT DISPUTE mailed on or about XX/XX/XXXX via U.S.P.S Certified Mail Article No XXXX XXXX XXXX XXXX XXXX XXXX and received by your offices on or about XX/XX/XXXX. Your failure to respond with the CREDITOR DISCLOSURE STATEMENT as requested in said Notice, providing your verified PROOF OF CLAIM in the form of a sworn rebuttal affidavit, under your full commercial liability, signing under the penalty of perjury that the facts contained therein are true, correct, complete and not misleading, is taken as agreement to your commercial dishonor, XXXX XXXX, exhausting my administrative remedies. Your failure to satisfy this request within the requirements of the Fair Debt Collection Practices Act ( FDCPA ) is construed as your absolute waiver of any and all claims against me, and your tacit agreement to compensate me for costs and attorney fees. ******* LVNV moved forward and took legal action against the Beneficiary of the XXXX XXXX XXXX XXXX ( " Principal Debtor '' ) and secured a default judgment for a wage garnishment of the Beneficiary property. On XX/XX/XXXX, we sent a Notice To Cease and Desist ( Contract ) via U.S.P.S. Priority Mail Express XXXX. XXXX XXXX XXXX XXXX XXXX as our good faith offer on behalf of the XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) to give their client an opportunity to cure its breach of trust and voluntary dismiss the case in light of LVNV 's egregious violations of 35 violations of the FDCPA and the FCRA as well as the State of Florida Statutes Titles XXXIX and XLII, 18 U.S.C. 1341 and 1342, 18 U.S.C. 241, 15 U.S.C. 1 and 2 and Beneficiary 's 4th amendment rights to the Constitution. On XX/XX/XXXX, XXXX garnished Beneficiary 's check in the amount of {$1400.00} for an unvalidated debt based on a fraudulent default judgment secured by XXXX on behalf of their client LVNV. XXXX XXXX XXXX and XXXX are complicit in this fraud upon the court and acting as a debt collector is subject to the FDCPA and FCRA as well.
Company Response:
State: FL
Zip: 335XX
Submitted Via: Web
Date Sent: 2023-09-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-28
Issue: Communication tactics
Subissue: You told them to stop contacting you, but they keep trying
Consumer Complaint: I sent a Verification letter for them to send me something verifying this account as being the owner on this account and what information you got to verify that I Owe this account and they didnt get back to me
Company Response:
State: DE
Zip: 19720
Submitted Via: Web
Date Sent: 2023-09-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A