Date Received: 2021-08-17
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: No information given regarding account. Violates federal 15 USC 1692gf also no medical release given and eligible to collect on debt per Section 1681 ( i ). The bureaus have it reporting different pricing and multiple inaccuracies. I never authorized or given permission for this to be reporting
Company Response:
State: FL
Zip: 33596
Submitted Via: Web
Date Sent: 2021-08-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-17
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: *Please note : I have all supporting documents but they exceed the allowed file size, please advise an alternative method to submit. I am a victim of Identity theft/fraud. I have notified this collection company/original creditor several times that the account does not belong to me, I have not in any way received goods or services from this company and I have provided my police reports, my FTC id theft AFFIDAVIT signed and notarized along with my sworn statement regarding the fraudulent account. documents submitted to RESURGENT CAPITAL RESOURCES, XXXX XXXX AND XXXX XX/XX/2021, includes affidavit, police report, sworn statement w/ signed signature receipt This company is in violation of the FCRA. RESURGENT CAPITAL SERVICES, XXXX, XXXX AND XXXX continue to report this fraudulent account on my credit report although I have provided these documents with no response from the company or any representatives. This account must be removed immediately, as it is in clear violation of the FCRA.
Company Response:
State: IL
Zip: 604XX
Submitted Via: Web
Date Sent: 2021-08-17
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-16
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: I have send a dispute letter to XXXX and XXXX stating the information being reported is inaccurate. A collection account reported by LVNV Funding is reporting a past due on my credit report. I sent 3 letters, On on XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX to both bureaus stating that a the date of last active on all three account were different, my collection account was reporting a past due balance, and the payment status is 120 days late. This reporting is a violated the FCRA. I have disputed these items and my credit report still says the same thing. The FCRA and Regulation V generally require a furnisher to conduct a reasonable investigation of a dispute submitted directly to a furnisher by a consumer concerning the accuracy of any information contained in a consumer report. Also, XXXX wasn't able to properly verify this account. Please explain to me why XXXX and XXXX can when all three reporting agencies follow the same law?
Company Response:
State: OK
Zip: XXXXX
Submitted Via: Web
Date Sent: 2021-08-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-16
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: on XXXX XXXX a collection was placed ion my consumer credit file by the company LVNV FUNDING LLC for the amount of {$250.00}, i never received no proper documents when i asked for this company to validate this date, they have violated my rights as a consumer under fair debt collection practices & fair credit reporting act XXXX.the list below is where this company has violated my consumers rights 15 U.S. Code 1692g - Validation of debts ( 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. 15 U.S. Code 1692e.False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. ( 11 ) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action. 15 U.S. Code 1692c - Communication in connection with debt collection ( a ) Communication with the consumer generally Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt ( c ) Ceasing communication If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except ( 1 ) to advise the consumer that the debt collectors further efforts are being terminated ; ( 2 ) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor ; or ( 3 ) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. If such notice from the consumer is made by mail, notification shall be complete upon receipt.
Company Response:
State: FL
Zip: 33161
Submitted Via: Web
Date Sent: 2021-08-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-15
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: Upon further investigation, I have retained new copies of my credit reports and noticed that you did not furnish the credit bureaus with the required disclosure, within the period required by law. You are required by federal law to place a notice of dispute on my account within 30 days of my dispute, which you signed for on the signature date. I have retained a copy of your signature and date of receipt, as well as time-stamped copies of my credit reports, showing that you have violated the Fair Credit Reporting Act, Section 623 ( a ) ( 3 ) by not placing the disclosure within the required 30-day period. Be aware that I am making a final goodwill attempt to have you clear up this matter. The listed item is entirely inaccurate and incomplete and represents a very serious error in your reporting. Additionally, you have broken federal law by not placing the notice of dispute onto my credit reports within the time required by law. I am maintaining a careful record of my communications with you for the purpose of filing a complaint with the FTC and the Attorney Generals office, should you continue in your non-compliance of federal laws under the Fair Credit Reporting Act. I further remind you that you may be liable for your willful non-compliance, as per FCRA 623 ( a ) ( 3 ) - Responsibilities of furnishers of information to consumer reporting agencies [ 15 U.S.C. 1681s-2 ] ( 3 ) Duty to provide notice of a dispute. If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer. ( B ) Time of Notice ( I ) The notice required under subparagraph ( A ) shall be provided to the customer prior to, or no later than 30 days after, furnishing the negative information to a consumer reporting agency described in section 603 ( p ). As you have violated federal law, by not properly providing the credit bureaus with proper notice within the required timeframe and I have evidence of such, via certified mail receipts, you must now remove the item. Any other action ( or inaction ) on your behalf will result in a small claims action against your company. I will be seeking {$5000.00} in damages for the following : 1. Defamation 2. Negligent Enablement of Identity Fraud 3. Violation of the Fair Credit Reporting Act and Fair Debt Collection Practices Act You will be required to appear in a court venue local to me, in order to formally defend yourself. P.S. Please be aware that depending upon your response, I may be detailing any potential issues with your company via an online public press release, including documentation of any potential small claims action.
Company Response:
State: AL
Zip: 352XX
Submitted Via: Web
Date Sent: 2021-08-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-13
Issue: False statements or representation
Subissue: Impersonated attorney, law enforcement, or government official
Consumer Complaint: I believe I am a victim of identity theft. Due to the Pandemic, we have been facing a lot of problems in terms of financial, emotional, and physical aspects. Also, I have been hearing a lot of recent news that the Bureaus are having data and system issues. I disputed the fraudulent information from my credit report. I have no idea how the theft took place. I also have no knowledge of any suspects. I did not receive any money, goods, or services as a result of identity theft. I have done many attempts to reach out to the Bureaus but they failed to give me any results or feedbacks about this concern. Please investigate and remove it from my personal credit file. Thank you.
Company Response:
State: PA
Zip: 19121
Submitted Via: Web
Date Sent: 2021-08-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-13
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I am a victim of identity theft. Due to the Corona Virus Pandemic, we are all facing which has me sitting still at home and I saw the recent news about the multiple 3 Bureaus Data breaches. I decided to look at my credit reports and found that someone had used my Identity. I have no idea how the theft took place. I also have no knowledge of any suspects. I did not receive any money, goods, or services as a result of identity theft. I contacted the Credit Bureaus and told me to file an Identity Theft Report which I am doing. I appreciate your effort in getting this matter resolved.
Company Response:
State: PA
Zip: 19121
Submitted Via: Web
Date Sent: 2021-08-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-13
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: I received a credit alert from XXXX stating I have a new collections added. After reviewing I saw the Resurgent Capital Service was added. After doing more research I notice it was from XXXX, which I already settle and paid with LVNV. Thinking this was going to be an easy resolution, I sent a certified letter along with proof of the settlement letter to Resurgent. What I receive back was a debt validation letter. I know that was supposed to be sent before anything is placed on your credit report. I once again sent a certified letter stating my issues and demand this be taken off my credit report. Resurgent sent another letter asking for proof, both times I sent in the settlement letter, stating payment was received for this collection. I also requested the help with the XXXX with South Carolina and they still refused to remove the collections off my credit report. All I have is the letter stating this matter is resolved, I no longer have that checking account to provide it was debited out of my account. Resurgent did not follow correct procedures to verify this account!
Company Response:
State: GA
Zip: 30680
Submitted Via: Web
Date Sent: 2021-08-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-13
Issue: False statements or representation
Subissue: Impersonated attorney, law enforcement, or government official
Consumer Complaint: This company which I have " NO CONTRACT '' with has no legal right to collect on this said debt. Reporting of the debt is a violation of the FCRA. Section 623 ( a ) ( 2 ), Section 623 ( a ) ( 1 ) ( B ), and Section 623 ( b ) ( 1 ) ( E ). Please provide me with a true and certified copy of the complete audit trail/Certified Final Forensic Internal Audit of said account. Furthermore, in order for this company to validate the debt, please provide verification through audit certification of debt entry in accordance with G.A.A.P., I.F.R.S., in accordance with basel 3 accord and U.N.C.I.T.R.A.L Conventions. Additionally, please provide proof of the original loan or credit application that I signed with your company. Please delete this account from all 3 credit bureaus immediately. I would also need a copy of your Tax Registration Certificate!
Company Response:
State: AZ
Zip: 85396
Submitted Via: Web
Date Sent: 2021-08-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-13
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I, XXXX XXXX, am a natural person and my place of abode is my location information as that term is defined by 15 USC 1692a ( 7 ). I am a consumer as that term is defined by the FDCPA and RFDCPA. LVNV Funding is a debt collector as that term is defined by 15 USC 1692a ( 6 ). LVNV Funding is also a debt buyer with a laundry list of complaints against them on the CFPB, FTC, and XXXX. I understand my rights as a consumer and know that Congress has enacted federal laws to protect me as a consumer. I have created this affidavit to put you on notice about the abusive debt collection practices of LVNV Funding pursuant to 15 USC 1692a ( e ) and make you aware that they have invaded my individual privacy under 15 USC 1692a. Within the last year, LVNV Funding and its associates/agents have attempted to collect an alleged consumer debt from me. This alleged debt is beyond the statute of limitations in the State of California. On multiple of occasions, I have disputed this alleged debt with the credit reporting agencies and directly with LVNV Funding. Each time, LVNV Funding has failed to properly update my consumer report to reflect this dispute which is a violation on the FCRA under 15 USC 1681. Additionally, by LVNV Funding reporting this alleged debt on my consumer report without validation, it is a violation of 15 USC 1692g. When LVNV Funding reported this account to the CRA 's and stated that I owed a debt, they violated 15 USC 1692b ( 2 ). LVNV Funding is solely reporting this account as an attempt to coerce payment, which is also a violation of 15 USC 1692d ( 4 ). Lastly, under the FCRA, this consumer credit transaction is supposed to be excluded pursuant to 15 USC 1681a ( 2 ) ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device. LVNV Funding violated 15 USC 1692f of the FDCPA by using unfair or unconscionable means in connection with the collection of an alleged debt, when LVNV Funding and its agents engaged in the foregoing conduct.
Company Response:
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2021-08-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A