Date Received: 2021-07-28
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I have been advised that I owe this debt collector for {$460.00} the debt collector is Resurgent LVNV Funding I advised them that this is not my debt and that this was a result of someone impersonating and having my personal information. They insist that this is my debt and they were taking legal action and put me in collections with the credit bureau which they did. I disputed this many times with all three credit bureaus. They insist on calling me and threating me about this credit card debt. I refuse to have my name and my reputation severely scared as a result of this collection I have been doing all I can to fight this but they have effected my name, my credit worthiness and this is so humiliating. I have been fighting this since XX/XX/2020. The debt collectors information is listed below. Report Number XXXX Resurgent/LVNV Funding Account Number XXXX C/O XXXX XXXX XXXX XXXX XXXX XXXX LVNV Funding LLC XXXX. XXXX XXXX XXXX, SC XXXX XXXX XXXX
Company Response:
State: VA
Zip: 23607
Submitted Via: Web
Date Sent: 2021-08-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-07-27
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: Greetings, My name is XXXX XXXX, I sent 3 letters to LVNV Funding LLC regarding an unverified item listed below, which remains on my credit report in violation of Federal Law. I asked for a copy of the original creditors ' documentation on file to verify that this information is mine and is correct. They never responded, I did not borrow money from LVNV. I demanded proof of a contract signed by me at the time of the loan signing agreement, they were not able to send me any proof. I demand that the unverified account be removed from my credit report on XXXX Account Name : LVNV FUNDING LLC Account Number : XXXX
Company Response:
State: NY
Zip: 11701
Submitted Via: Web
Date Sent: 2021-07-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-07-27
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: Resurgent Capital alleges I owe them money for a credit card debt. The debt never existed. I have request they provide proof of the debt. The attachment is what they provided me that they claim is proof of the debt. They made up this alleged debt on their computer. I made up the same kind of documents on my computer and sent it to them. Legal proof of a debt as defined by the fair credit act is 1 : Credit card receipt with my name on it 2 : Credit card contract 3 : Phone records where I allegedly activated this credit card. The document the company submitted as proof of debt was fabricated by them. Read their XXXX complaints and their CFPB complaints. They have tried to scam many people by making up fictions debts. If they can not legally prove ( Which they have yet to do ) this debt then I want their trade line removed from my XXXX and XXXX credit report. Under CFPB guidelines ( as I understand them ) for debt verification a debt collector must provide a receipt with the person name on it or a contract between the original company and the debtor or phone records showing conversations between the debtor and original owner of the debt. Resurgent has not provided any of that information.
Company Response:
State: FL
Zip: 32505
Submitted Via: Web
Date Sent: 2021-07-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-07-27
Issue: False statements or representation
Subissue: Impersonated attorney, law enforcement, or government official
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 from the 3 major credit bureaus 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. Please let me know if you need any other information from me to block this information from my credit report. Thank you.
Company Response:
State: DC
Zip: 20001
Submitted Via: Web
Date Sent: 2021-07-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-07-27
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: Got an alert on my report that there was a collection on my account from an unknown collector from an unknown source that says they are collecting from a lender that is also unknown and nowhere to be seen anywhere on my credit file anywhere past or present and I have no knowledge of ever using this lender for any services. I request the collection agent delete this account off all the reporting agencies and stop all attempts to collect any debts that I do not owe.
Company Response:
State: IN
Zip: 460XX
Submitted Via: Web
Date Sent: 2021-07-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-07-27
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: have send a dispute letter to XXXX and XXXX stating the information being reported is inaccurate. A collection account reported by XXXX XXXX, XXXX XXXX and 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 XXXX XXXX is reporting twice on my credit file for the account. 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. They never update the report stating that there was a dispute. Please look into this for me. thanks in advance.
Company Response:
State: OK
Zip: XXXXX
Submitted Via: Web
Date Sent: 2021-07-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-07-27
Issue: Communication tactics
Subissue: Used obscene, profane, or other abusive language
Consumer Complaint: I have never did business with this company
Company Response:
State: MO
Zip: 63137
Submitted Via: Web
Date Sent: 2021-07-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-07-26
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: LVNV FUNDING c/o Resurgent Capital Services has been reporting a collection account on my consumer report which violates my federally protected consumer rights. I have sent the company debt validation letters pursuant to 15 USC 1692g demanding they validate the alleged debt account with information on the original creditor and provide the name and address of the " original creditor '' and show any ledger and any type of " delegation of authority '' to confirm that LVNV FUNDING c/o Resurgent Capital Services is owed a debt from me, the natural person/Consumer pursuant to 15 USC 1602 and they have failed to provide any documentary evidence to show that their claims are true and I owe any alleged debt and to prove that they have right and authority to collect any alleged debt from me. LVNV FUNDING c/o Resurgent Capital Services is reporting this information on my consumer report creating an adverse action pursuant to 15 USC 1681a ( k ) ( 1 ) and has caused damaged my reputation and caused financial loss and the loss of my security clearance and are civilly liable pursuant to 15 USC 1640 and criminally liable pursuant to 15 USC 1611. LVNV FUNDING c/o Resurgent Capital Services refused to show me any proof of where this transaction originated and how I ended up owing them any alleged debt and failed to prove how they ended up with my personal information.
Company Response:
State: TX
Zip: 761XX
Submitted Via: Web
Date Sent: 2021-07-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-07-26
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: Disputes were submitted to XXXX on XX/XX/21 and also on XX/XX/21 to dispute the Accuracy of the information on my Credit Report regarding a debt collection company named LVNV FUNDING. The Dispute Reasons were ( 1 ) The balance and/or past due amount are/is incorrect, ( 2 ) The account is settled for {$480.00}. The results from XXXX for the two separate Disputes were dated XX/XX/21 and XX/XX/21. Both Investigation Results continued to report INCORRECT INFORMATION for the Balance Owed. Most Importantly XXXX did not even make any mention of the Dispute Item regarding the fact that the account with LVNV was Settled for {$480.00}. It appears that LVNV and XXXX completely ignored my Dispute about the account being settled. Monthly payments are currently being handled by XXXX XXXX XXXX. It is my wish that XXXX will remove LVNV COLLECTIONS item from my credit report. XXXX and XXXX removed LVNV collections from those credit reports several months ago.
Company Response:
State: FL
Zip: 33484
Submitted Via: Web
Date Sent: 2021-07-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-07-26
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: To Whom It May Concern : I am XXXX XXXX representing MYSELF and I am the consumer in fact and not a third party. I am communicating with you directly as requested regarding concerns/ issues with my credit report. This letter represents my formal request to again dispute the aforementioned accounts as well as inquiries which are illegally being reported on my account. It was communicated to me to reach out to each individual agency to expedite the removal. As of the date of this letter, it has been over thirty days with no compliance to the Fair Credit Reporting Act ( FCRA 15 U.S.C. 1681 ) enacted by the United States Congress. By their findings, it is now my legal right to have these accounts and inquiries ( FCRA 15 U.S.C. 1681n ) removed. I understand the individual in receipt of this letter is most likely not an attorney. Therefore, I have attached the laws and definitions to educate any person of my legal rights in the United States of America. I appreciate you understanding how this adversely affects me and is in violation of my rights. Thank you for helping me take this federal matter seriously! Regards XXXX XXXX Accounts Requiring Immediate Removal : LVNVFUNDG with Account # XXXX * for a debt owed of {$210.00} that is reporting as a Collection/Charge Off Unapproved Inquiries Please be aware the following inquiries are plaguing my report. I have communicated with the agencies whom I believe to be responsible for this violation. I have not received any correspondence for the following accounts below. Please remove these adverse inquiries immediately. XXXX XXXX US SM BUS ADMIN ODA XX/XX/XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XXXXXX/XX/XXXXXXXX XXXX XXXX XXXXXXXX XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX 15 U.S. Code 1681 - Congressional findings and statement of purpose ( a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 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 the public confidence which is essential to the continued functioning of the banking system. ( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. ( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. ( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. ( b ) Reasonable procedures It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. 15 U.S. Code 1681a - Definitions ; rules of construction ( a ) Definitions and rules of construction set forth in this section are applicable for the purposes of this subchapter. ( b ) The term person means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity. ( c ) The term consumer means an individual. ( d ) Consumer Report. ( 1 ) In general.The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 1681b of this title. ( 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 ; ( ii ) communication of that information among persons related by common ownership or affiliated by corporate control ; or ( iii ) communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons ; ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; ( C ) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made, and such person makes the disclosures to the consumer required under section 1681m of this title ; or ( D ) a communication described in subsection ( o ) or ( x ). [ 1 ] ( 3 ) Restriction on sharing of medical information.Except for information or any communication of information disclosed as provided in section 1681b ( g ) ( 3 ) of this title, the exclusions in paragraph ( 2 ) shall not apply with respect to information disclosed to any person related by common ownership or affiliated by corporate control, if the information is ( A ) medical information ; ( B ) an individualized list or description based on the payment transactions of the consumer for medical products or services ; or ( C ) an aggregate list of identified consumers based on payment transactions for medical products or services. ( e ) The term investigative consumer report means a consumer report or portion thereof in which information on a consumers character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumers credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer. ( f ) The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. ( g ) The term file, when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored. ( h ) The term employment purposes when used in connection with a consumer report means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee. ( i ) Medical Information.The term medical information ( 1 ) means information or data, whether oral or recorded, in any form or medium, created by or derived from a health care provider or the consumer, that relates to ( A ) the past, present, or future physical, mental, or behavioral health or condition of an individual ; ( B ) the provision of health care to an individual ; or ( C ) the payment for the provision of health care to an individual. [ 2 ] ( 2 ) does not include the age or gender of a consumer, demographic information about the consumer, including a consumers residence address or e-mail address, or any other information about a consumer that does not relate to the physical, mental, or behavioral health or condition of a consumer, including the existence or value of any insurance policy. ( j ) Definitions Relating to Child Support Obligations. ( 1 ) Overdue support. The term overdue support has the meaning given to such term in section 666 ( e ) of title 42. ( 2 ) State or local child support enforcement agency. The term State or local child support enforcement agency means a State or local agency which administers a State or local program for establishing and enforcing child support obligations. ( k ) Adverse Action. ( 1 ) Actions included.The term adverse action ( A ) has the same meaning as in section 1691 ( d ) ( 6 ) of this title ; and ( B ) means ( i ) a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of, any insurance, existing or applied for, in connection with the underwriting of insurance ; ( ii ) a denial of employment or any other decision for employment purposes that adversely affects any current or prospective employee ; ( iii ) a denial or cancellation of, an increase in any charge for, or any other adverse or unfavorable change in the terms of, any license or benefit described in section 1681b ( a ) ( 3 ) ( D ) of this title ; and ( iv ) an action taken or determination that is ( I ) made in connection with an application that was made by, or a transaction that was initiated by, any consumer, or in connection with a review of an account under section 1681b ( a ) ( 3 ) ( F ) ( ii ) of this title ; and ( II ) adverse to the interests of the
Company Response:
State: MD
Zip: 21213
Submitted Via: Web
Date Sent: 2021-07-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A