Date Received: 2022-05-18
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: On XX/XX/2022, I sent a debt validation letter. LVNV Funding received my letter on XX/XX/2022. I later received 2 letters and included billing statements. There was no contract of agreement included. Licenses of business or any of the required documents. I recently responded back to LVNV funding on how they violated my rights has a consumer.
Company Response:
State: SC
Zip: 29115
Submitted Via: Web
Date Sent: 2022-05-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-05-17
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I submitted a complaint against LVNV FUNDING on XX/XX/2022, via the CFPB in regards to LVNV FUNDING misusing my identifying information ( known as fraud/identity theft ), how I originated the funds, and how their debt collection practices are unfair, misleading, and are falsely represented. I informed them of various consumer violations as well. I received a response from them, however, the response they made did not address the full complaint. They skipped over the majority of the complaint and only made a response to the last few sentences of the complaint where I stated " I received notification from my credit report that LVNV FUNDING closed both collection accounts. Then as of XX/XX/2022, one of the collection accounts showed that is was open again and on XX/XX/2022, one of the collection accounts showed that is was removed from my report. '' They say their records indicate that the records were reported to the credit bureaus consistently, but based on the evidence I have from my credit report, that is false. LVNV FUNDING ignored this evidence. Accounts can only show closed/removed if someone from LVNV FUNDING furnishes that information to the credit bureaus. Them also ignoring the majority of my complaint is very unprofessional and likely that they do not have a legal rebuttal to respond with. LVNV FUNDING then proceeded to respond to a claim from XX/XX/2022, though that claim was not mentioned in the XX/XX/2022 claim I would like to respond to LVNV FUNDING and say that when I asked for more information about the alleged debt, the representative informed me that the cease and desist has to be lifted in order for her to speak about the details of the debt, the cease and desist was not lifted at any time before, during, or after the call, therefore she should not have stated any details of the debt, this is a violation of the FDCPA. This call was recorded so the conversation can fully be heard on what happened at that time as well. The representative also stated herself that she should not have told me what she did. If LVNV FUNDING is truly in compliance with the FDCPA and other consumer laws I have cited, I would like LVNV FUNDING to rebut my complaint with the law as it is intended to be used. Law can only be rebutted with law, fact and evidence. All of which can not be done because LVNV FUNDING does not have any legal right to collect on this alleged debt. Statements of accounts are not legal contracts and do not give debt collectors the legal right to collect to on that alleged debt. I have no legal signed contracts with LVNV FUNDING, they purchased this alleged debt in hopes of obtaining as much money back as possible from their purchase. The alleged debt is already paid for. The collection of this alleged debt is a violation of 15 USC 1692e ( 1 ), 15 USC 1692e ( 2 ) ( A ), 15 USC 1692f ( 1 ). Additionally, pursuant 15 USC 1692a ( 6 ), any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor ; any officer or employee of the United States or any State to the extent that collecting or attempting to collect any debt, can not be a debt collector.
Company Response:
State: IL
Zip: 601XX
Submitted Via: Web
Date Sent: 2022-05-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-05-17
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: My name is XXXX XXXX, a federally protected consumer. I am filing new and updated information/complaint against LVNV Funding LLC , in reference to complaint # XXXX. Not only did I find several inaccuracies, but I now have new and updated information on how LVNV Funding LLC, is still not complying with Federal Law. Attached labeled as " LVNV Dispute Method letter '', you will find yet another letter sent to LVNV Funding LLC, sent certified on XX/XX/XXXX, requesting the " description of procedure/method of verification '' used to verify this account, as to which they have fifteen ( 15 ) days to respond to. Also attached and labeled " LVNV Violations '', is a list of ten ( 10 ) violations this company has currently violated. Attached and labeled Exhibit A, is my current consumer report showing several inaccuracies being reported/furnished by LVNV Funding , including reporting this account as collections/charge off, Unknown, and Late 120 days. ( ALL INACCURACIES ARE CIRCLED ). Attached and labeled as Exhibit B, is my current consumer report where this account is reporting as a late payment. ( ALL INACCURACIES CIRCLED ). Attached and labeled as Exhibit C and D, is more inaccurate information reported such as inaccurate original creditor name and inaccurate remarks. ( ALL INACCURACIES CIRCLED ). Attached and labeled Exhibit E, is copy of my consumer report from XX/XX/XXXX, where the " Account Type/DetaiXXXX '' is inaccurate, " Balance '' is inaccurate, " No. of Months '' ( terms ), is inaccurate, " Past Due '' is inaccurate, " Payment Status '' is inaccurate, " Last Reported '' is inaccurate, " Comments '' are inaccurate, " Date Last Active '' is inaccurate, and " Date of Last Payment '' is also inaccurate. ( ALL INACCURACIES CIRCLED ). Also attached and labeled as Exhibit F, is another version of my current consumer report, showing a total of ten ( 10 ) inaccuracies. ( ALL INACCURACIES CIRCLED ). LVNV Funding LLC, stated in ALL of their responses that, " They are the " Current Owner '', and that they acquired the account on XX/XX/XXXX. Please be advised that in Exhibit A, B, C, D, E, and F, are all showing/reporting different " Date Opened '' dates. I am aware that under FCRA 623 and FDCPA 806b That a " CREDITOR '' " MUST '' enter a notice of dispute, and if this is not entered, the account CAN NOT report on my consumer report, and also under the FCRA, it is perfectly legal to DELETE an unverifiable, incomplete or inaccurate collection account. How can LVNV claim that this account was " verified '', with inaccurate information as accurate? And how can all three ( XXXX ) reporting agencies report three ( 3 ) different versions of information? Finally, with all of the documentation and correspondences between LVNV Funding and myself, XXXX XXXX, the consumer, I am aware that I have ample Exhibits, correspondences, and proofs that this company is in extreme violation of the Federal Laws and will use this new and updated information to file an additional complaint with my states Attorney General 's office and will commence litigation.
Company Response:
State: IL
Zip: 620XX
Submitted Via: Web
Date Sent: 2022-05-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-05-17
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: XXXX/XXXX/22 XXXX XXXX XXXX LVNV FUNDING LLC RE : We have disputed this account.
Company Response:
State: NY
Zip: 10032
Submitted Via: Web
Date Sent: 2022-06-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-05-18
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: I am aware that according to article 9, the assignment of a defaulted Alleged debt is illegal. Both the assignee and the assigned are both liable for violations under 15 USC 1692 ( e ) ( 12 ). I am not validating any alleged debt with LVNV Funding LLC and my failure to dispute the validity of these alleged debts shall not be construed as an admission of liability. As of XXXX XX/XX/2022 I have not received any documentary evidence such as a trilateral contract giving LVNV Funding LLC any right to collect on this alleged debt. I have never received any documentation requesting validation from LVNV Funding LLC. If LVNV Funding LLC can not provide me with proof such as a tracking number that they attempted to lawfully validate this alleged debt with me, the consumer, prior to furnishing this on my consumer report, this has been a fraudulently furnished account with forethought and malice as an attempt to bring harm to me and my financial reputation. I am legally refusing to pay this alleged debt pursuant to 15 USC 1692 ( c ) ( c ). I am demanding a cease and desist of all illegal activities, any communication and collection activities of this and any alleged debt until LVNV Funding LLC can provide me with sufficient documentary evidence that I have any legal obligation to pay them. If this documentary evidence can not be produced and LVNV Funding LLC continues its collection efforts, I will file for litigation for actual damages caused and credit collection services will be held criminally liable for aggravated identity theft pursuant to 18 USC 1028a, extortion, theft by deception, securities fraud and mail fraud. Upon receipt of the documents herein this notice, you are hereby notified pursuant UCC 1-202f. Your prompt attention and response are both requested and required.
Company Response:
State: NY
Zip: 11377
Submitted Via: Web
Date Sent: 2022-05-18
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-05-18
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: LVNVFUNDG is a Fraudulent account. I was a victim of identity theft. account # XXXX. I don't have any information because i don't know who these people are.
Company Response:
State: GA
Zip: 30064
Submitted Via: Web
Date Sent: 2022-05-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-05-17
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: I sent a debt validation letter to LVNV FUNDING LLC on XX/XX/22 tracking # XXXX which they responded with a letter from the court house which I was never aware of I also requested more information from them regarding the debt I requested my signed contract most recent bills which indicates date of last payment and date of delinquency and payment history what they sent is insufficient to my request and I have never done business with LVNV and the only proof I need would need to come from the original creditor I followed up with another letter requesting more information and once again they have replied with the same paperwork this was done on XX/XX/22 tracking # XXXX I also reached out out to original creditor At this time they are refusing to reply to my request and I need more information please remove this from my credit report as they are refusing to provide all required information they have also failed to indicate that how and that I can Dispute the information please see attached items
Company Response:
State: FL
Zip: 32713
Submitted Via: Web
Date Sent: 2022-05-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-05-17
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: LVNV FUNDING LLC ( Original Creditor : XXXX XXXX XXXX XXXX XXXX ) has failed to send me a response with my requested information for alleged collection account XXXX within the first five initial days of receiving my dispute. I have already been suffering enough with this inaccurate data on my credit report, I prepare ways to circumvent talking about my financial status or shortcomings with everyone from family members to co-workers causing changes in the relationships that have shaped my life until this day. The stress that comes with this alleged debt ruining my creditworthiness can not be managed. As a XXXX XXXX the financial expectations I am required to meet are unimaginable and it is a no-brainer that if I had the financial boost that good credit offers I would be in better shape to face daily challenges that come with my current predicament. Due to lenders turning down my applications I was forced to move out of my original state and ended up at my current address with no family or close friends to vent to leaving me visiting more social programs to help me deal with my XXXX XXXX XXXX. Now that I contact this company about this alleged debt there is no response?? furthermore LVNV FUNDING LLC ( XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX is also reporting this alleged debt as an " Account '' which is inaccurate according to USC Title 15 1693A2 Therefore at this point this collection agency is knowingly furnishing false data on my credit report in violation of15 U.S. Code? 1692e. False or misleading representations and I demand them to Cease and desistfurnishing this alleged debt and notify all credit reporting agencies to delete it immediately.
Company Response:
State: NY
Zip: 11205
Submitted Via: Web
Date Sent: 2022-05-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-05-17
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Was not notified of investigation status or results
Consumer Complaint: Attentively review my formal writ composed declaration of not proven complaint misinformation that is all or in part : deficient of the adequate current status in the fullness of TRUTH, ACCURACY, COMPLETENESS, TIMELINESS, documented OWNERSHIP, certifiable RESPONSIBILITY, or otherwise irrefutable, complaint obligatory, and regulatory requisite reporting thereby mandating your immediate actions to rectify and remedy and any infractions behavior ( s ) by retaining or returning to demonstrate TRUE, CORRECT, COMPLETE, and COMPLAINT XXXX XXXX data field formatted reporting!!! I am a victim of identity- theft, I am writing to request that you block all accounts disputed as fraudulent on my credit reports with XXXX XXXX XXXX XXXX and XXXX. This information does not relate to any transactions I have made. I did not give anyone authorization or consent to use my personal information. I hereby exercise my legal rights enacted by Congress and The Federal Trade Commission, which explicitly states when a victim of identity-theft dispute a fraudulent account on his/her credit report it shall be honored by all credit bureaus and all fraudulent information should be blocked within 4 days and proper notification shall be given to all data furnishers pursuant to section 605b of The Federal Fair Credit Reporting Act. Failure to comply shall lead to complaints being filed with The Better Business Bureau, Consumer Financial Protection Bureau, and Attorney General stating your companys unlawful collection practices, misrepresentation of creditworthiness, defamation of character, and noncompliance to abide by laws enacted by Congress to protect victims of identity-theft who's credit been impacted by acts of fraud. Because I know my rights under THE FAIR CREDIT REPORTING ACT, CONSUMER CREDIT PROTECTION ACT ( CCPA ), and FAIR and ACCURATE CREDIT TRANSACTION ACT of 2003 ( FACTA ). I will be taking action. I also know my rights under this paragraph of Section 312 of the FACTA LAW : SEC.312. Procedures to enhance the accuracy and integrity of information furnished to consumer reporting agencies. ( b ) duty of furnishers to provide accurate information. -- Section 623 ( a ) ( 1 ) of THE FAIR CREDIT REPORTING ACT ( 15 U.S.C . 1681s-2 ( a ) ( 1 ) is amended ( 1 ) in subparagraph ( A ), by striking " knows or consciously avoids knowing the information is inaccurate '' and inserting " knows or has reasonable cause to believe that the information is inaccurate '', and ( 2 ) by adding at the end of the following : ( D ) DEFINITION -- For purposes of subparagraph ( A ), the term 'reasonable cause to believe that the information is inaccurate ' means having specific knowledge, other than solely allegations by the consumer, that would cause a reasonable person to have substantial doubts about the accuracy of information. Policy states .... According to the Fair Credit Reporting Act FCRA 611 ( 15 U.S.C 1681 ), Procedure In Case of Disputed Accuracy .... ( a ) Reinvestigation ( 1 ) Reinvestigation ( a ) In general. Subject to Subsection ( f ), if the completeness or accuracy of any item of information contained in a consumers file at a consumer agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph ( 5 ), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller. Therefore, my position is being clearly stated, these accounts do not belong to me, meaning that you are reporting inaccurate account information within my credit file. The fact that these are inaccurate account information means that you, this credit-reporting agency, are reporting incorrect accounts. XXXX. XXXX XXXX Account number- XXXX I am well aware of my rights as a consumer. The Fair Credit Reporting Act requires that you, the credit-reporting agency report accurate and/or correct account information within my credit file. My credit issues are very specific, these accounts and/or items do not belong to me. This means that you are reporting incorrect account information within my credit report. It is this in mind that I request that these listed accounts and items be Blocked and Deleted. According to the Fair Credit Reporting Act FCRA, Section 1681c ( 2 ) Block of information resulting from identity theft. 1.Block. Except as otherwise provided in this section, a consumer reporting shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from alleged identity theft, not later than four ( 4 ) business days after the date receipt by such agency of ... 1. Appropriate proof of identity of the consumer ; 2. A copy of an identity theft report 3. The identification of such information by the consumer ; and 4. A statement by the consumer that the information relating to the transaction by the consumer. I have provided all of the above listed four ( 4 ) items within this package. Therefore, I expect these listed accounts to be deleted and blocked within ( 4 ) business days. This is clearly an identity theft issue. I am also entitled to receive a free copy of my credit report, so I am requesting a free credit report and that all of these accounts, public records items, and inquiries be permanently blocked and deleted. Enclosures : Identity Theft Report Proof of Identity Copy of Account Statement showing Fraudulent Items FTC Notice to Furnishers CC : Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX XXXX, Iowa XXXX
Company Response:
State: TN
Zip: 37013
Submitted Via: Web
Date Sent: 2022-05-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-05-16
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: I have a charge off account with this company that is reporting on my credit file there company is in clear violation of the law. Under 15 USC 1681b - permissible purpose of consumer reports, THE LAW CLEARLY STATES : ( b ) IN GENERAL Subject to subsection ( c ) any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates. Did I give you written instructions to furnish this on my credit report? Furthermore, the FAIR CREDIT REPORTING ACT 15 USC 1681 ( 2 ) ( a ) ( i ) Exclusions from a consumer credit report clearly states : ( 2 ) EXCLUSIONS.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) Subject to section 1681s-3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Delete the above late payments from my consumer report, this agency is in violation of 15 USC 1681. Page 36 | 43 Failure to respond satisfactorily with deletion of the above referenced account, and send out a free copy of my report after the changes have been made will result in legal actions being taken against your company, for which I will also be seeking {$1000.00} per violation for : 5. Defamation of Character ( per se ) 6. Negligent Enablement of Identity Fraud 7. Fair Debt Collections Practices Act 15 USC 1692g violations 8. Fair Credit Reporting Act 15USC 1681 violations for willful noncompliance - 616. Civil liability for willful noncompliance [ 15 U.S.C. 1681n ]
Company Response:
State: MO
Zip: 64134
Submitted Via: Web
Date Sent: 2022-05-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A