Date Received: 2020-09-05
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: My home was burglarized and severely vandalized and as a result my identity was compromised. On numerous occasions I have filed a dispute stating that and nothing was done EXCEPT from the creditor to continue to bill/negatively report of XXXX and XXXX of an unpaid debt that was a result of a crime, as if I haven't already been victimized enough. Please view the attached police report and case number. Refer : Deputy XXXX XXXX Station : XXXX Sheriffs Station Phone No. XXXX Case No. XXXX
Company Response:
State: CA
Zip: 92626
Submitted Via: Web
Date Sent: 2020-09-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-09-03
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: LVNV Funding, LLC ( hereafter referred to as " LVNV '' ), filed a lawsuit against me in XX/XX/XXXX ( Case # : XXXX ) for a debt I DO NOT owe. I challenged their lawsuit and, on XX/XX/XXXX ( see Judgment of Dismissal, attached ), I prevailed when LVNV filed a Dismissal because they couldn't prove their case that the collection account was mine.. On XX/XX/XXXX, I filed a Cost of Suit ( Memorandum of Costs ) in the amount of {$240.00} ( see MoC and Proof of Service ) and on XX/XX/XXXX ( see Memorandum of Costs and proof of service ), I served their attorneys of record, XXXX XXXX XXXX , a copy of the Memorandum, but heard nothing back. I waited almost a year, until XX/XX/XXXX, for a response and when I did not receive one, I filed a [ Proposed ] Judgment of Dismissal ( see Judgment of Dismissal, attached ), the Judge signed it, and I served them a copy ( via their attorneys of record ), and finally received a check for the amount of {$240.00} ( see XXXX XXXX XXXX XXXX and copy of check, attached ). LVNV 's filed Dismissal of the case proved that I was correct in asserting that the debt is and has NEVER BEEN mine, and they must remove reporting of it from all credit bureaus. On XX/XX/XXXX ( see Letter to LVNV with certified mail and return receipt ), I pulled my credit reports from all three major credit reporting agencies and was shocked to find that LVNV continues to report this collection account ( with balance! ) with the CRAs! I disputed this collection account with the credit bureaus that LVNV 's reporting is WRONG and must be removed under the FCRA. The 3 major credit bureaus ( XXXX, XXXX XXXX, and XXXX ) responded that they " investigated '' with LVNV and it was -- shockingly -- verified as being accurate! On XX/XX/XXXX ( see Letter to LVNV ), I sent LVNV a letter to have the collection account removed but they continue to ignore me. Three years have passed, my credit score has remained BAD due to LVNV 's constant erroneous reporting of an account that IS NOT MINE but they and the credit reporting agencies ignore any attempts by me to have it removed. I'm at the point that I need CFPB 's help. They *will* listen to you. Today, as LVNV continues to report this collection account illegally, I'm in the position that I have to find another rental home. Due to LVNV 's illegal reporting, it's almost impossible. I need them to remove this collection account from my credit reports A.S.A.P.!
Company Response:
State: CA
Zip: 92336
Submitted Via: Web
Date Sent: 2020-09-03
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-09-03
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: I have a loan with XXXX XXXX ( Original Creditor : XXXX XXXX XXXX ) and LVNV FUNDING ( Original Creditor : XXXX XXXX XXXX XXXX XXXX XXXX ). I have always made my payments on time. As you can see, I have always had a stellar payment record with this company. I tried contacting XXXX, XXXX, XXXX XXXX ( Original Creditor : XXXX XXXX XXXX ) and LVNV FUNDING ( Original Creditor : XXXX XXXX XXXX XXXX XXXX XXXX ) with no successful resolution. There was definitely an error on their part.
Company Response:
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2020-09-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-09-03
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: I have requested validation of debt in XX/XX/2020 on two accounts with LVNV Funding and no response was given, yet when I started an investigation with all 3 credit bureaus, the results came back as verified and updated with no proof. I have went through at least three rounds of disputes and the collection company still claims all info is accurate yet information like open date and last activity are different across each bureau. There is also a past due amount reported on both accounts which is an FCRA violation. These accounts have also been removed/closed from my credit report on all bureaus but have been placed back or reopened on XXXX and XXXX which is also illegal. I demand these inaccurate accounts to be removed.
Company Response:
State: IN
Zip: 46222
Submitted Via: Web
Date Sent: 2020-09-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-09-02
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: ATTENTION DISPUTE DEPARTMENT TODAYS DATEXXXX LVNV FUNDING LLC XXXX Your company have violated FCRA 615 ( f ) ( 15 U.S.C. 1681m ( f ) ) ( f ) Prohibition on sale or transfer of debt caused by identity theft You have not responded to my request to provide me with an investigation report. I need this resolve, under the Fair Credit Reporting Act, these disputed items may not appear on my credit report if they can not be supported by any evidence ( 1 ) In general No person ( company ) shall sell, transfer for consideration, or place for collection a debt that such person has been notified under section 1681c-2 of this title has resulted from identity theft. ( 2 ) Applicability The prohibitions of this subsection shall apply to all persons collecting a debt described in paragraph ( 1 ) after the date of a notification under paragraph ( 1 ). ( 3 ) Rule of construction Nothing in this subsection shall be construed to prohibit -- ( A ) The repurchase of a debt in any case in which the assignee of the debt requires such repurchase because the debt has resulted from identity theft ; ( B ) the securitization of a debt or the pledging of a portfolio of debt as collateral in connection with a borrowing ; or ( C ) the transfer of debt as a result of a merger, acquisition, purchase and assumption transaction, or transfer of substantially all of the assets of an entity. A person that furnishes information to any consumer reporting agency shall have in place reasonable procedures to respond to any notification that it receives from a consumer reporting agency under section 1681c-2 of this title relating to information resulting from identity theft, to prevent that person from refurnishing such blocked information. The reference items are listed below please take this matter very serious LVNV FUNDING LLC XXXX I have report your company to consumerfinance.gov As a form of record and I am prepare to sue your company Example In re XXXX XXXX XXXX, XXXX Telephone Consumer Protection Act Litigation, Case No. 11-MD-2295-JAH-BGS, in the U.S. District Court for the XXXX District of California Stop collection proceedings against me Signatures on applications and accounts Investigators report XXXX, XXXX XXXX SOC SEC # XXXX DOB XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX, FL XXXX
Company Response:
State: FL
Zip: 33904
Submitted Via: Web
Date Sent: 2020-09-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-09-02
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: On XX/XX/2020 at XXXX, I called Resurgent Capital Services for a collection account owned by LVNV Funding for an old credit card with XXXX XXXX XXXX . The representative stated that her name was XXXX. We discussed the collection for {$660.00}, and I asked for a settlement amount. She put me on hold and when she returned she advised that she could only give a settlement for {$390.00}, and that would resolve the account and within 30 days it would be removed from my credit reports. So I paid the amount in full of {$390.00}. I received a letter dated XX/XX/2020, showing that I had made a payment and now my remaining balance was {$260.00}. The rep promised that the account was resolved and advised me that I didnt have any other accounts with LVNV Funding. I would like the remaining balance removed and the account deleted as promised.
Company Response:
State: CA
Zip: 91335
Submitted Via: Web
Date Sent: 2020-09-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-09-03
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 XXXX 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 Bureau and told me to file an Identity Theft Report which I am doing. I appreciate your effort in getting this matter resolved. Thank you. 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: GA
Zip: 30067
Submitted Via: Web
Date Sent: 2020-09-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-09-03
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: I filed a dispute concerning incorrect items on my credit report. It has been over 30 days and I have not received any investigation results.
Company Response:
State: IL
Zip: 60616
Submitted Via: Web
Date Sent: 2020-09-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-09-02
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: XXXX, XXXX XXXX SOC SEC # XXXX DOB XX/XX/XXXX ADDRESS XXXX XXXX XXXX XXXX XXXX, XXXX XXXX, FL LVNV FUNDING LLC XXXX LVNV FUNDING LLC XXXX Your company have violated FCRA 615 ( f ) ( 15 U.S.C. 1681m ( f ) ) ( f ) Prohibition on sale or transfer of debt caused by identity theft You have not responded to my request to provide me with an investigation report. I need this resolve, under the Fair Credit Reporting Act, these disputed items may not appear on my credit report if they can not be supported by any evidence ( 1 ) In general No person ( company ) shall sell, transfer for consideration, or place for collection a debt that such person has been notified under section 1681c-2 of this title has resulted from identity theft. ( 2 ) Applicability The prohibitions of this subsection shall apply to all persons collecting a debt described in paragraph ( 1 ) after the date of a notification under paragraph ( 1 ). ( 3 ) Rule of construction Nothing in this subsection shall be construed to prohibit -- ( A ) The repurchase of a debt in any case in which the assignee of the debt requires such repurchase because the debt has resulted from identity theft ; ( B ) the securitization of a debt or the pledging of a portfolio of debt as collateral in connection with a borrowing ; or ( C ) the transfer of debt as a result of a merger, acquisition, purchase and assumption transaction, or transfer of substantially all of the assets of an entity. A person that furnishes information to any consumer reporting agency shall have in place reasonable procedures to respond to any notification that it receives from a consumer reporting agency under section 1681c-2 of this title relating to information resulting from identity theft, to prevent that person from refurnishing such blocked information. The reference items are listed below please take this matter very serious LVNV FUNDING LLC XXXX LVNV FUNDING LLC XXXX I have report your company to consumerfinance.gov As a form of record and I am prepare to sue your company Example In re Portfolio Recovery Associates, LLC Telephone Consumer Protection Act Litigation, Case No. 11-MD-2295-JAH-BGS, in the U.S. District Court for the XXXX District of California Stop collection proceedings against me Signatures on applications and accounts Investigators report XXXX, XXXX XXXX SOC SEC # XXXX DOB XX/XX/XXXX ADDRESS XXXX XXXX XXXX XXXX, XXXX, FL XXXX
Company Response:
State: FL
Zip: 33904
Submitted Via: Web
Date Sent: 2020-09-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-09-02
Issue: Communication tactics
Subissue: Used obscene, profane, or other abusive language
Consumer Complaint: LVNV FUNDING, LLC/RESURGENT CAPITAL SERVICES has used obscene and belligerent language requesting to collect a debt ; that they have shown no evidentiary documents I have a contract with the said company. LVNV FUNDING, LLC/RESURGENT CAPITAL SERVICES are in violation of 15 USC 1692.
Company Response:
State: FL
Zip: 33034
Submitted Via: Web
Date Sent: 2020-09-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A