LVNV Funding is a large, international collection agency headquartered in Greenville, South Carolina that buys old debt from various creditors, mainly banks and finance companies. LVNV uses Resurgent Capital Services to manage and collect on many of the loans they’ve bought, as well as Aegis Receivables Management Inc. and others. If LVNV has bought one of your delinquent loans, you may receive a call from any of these collection agencies.
In defense of consumers, the Fair Debt Collection Practices Act (FDCPA) was enacted in 1997. This act lays out strict rules for debt collectors to stop the harassment and deception they often used on consumers who had fallen behind on their debt.
Collectors are not allowed to:
- Harass you, abuse you, or use rude and obscene language.
- Tell family and friends about your debt.
- Lie about who they are and the company their representing.
- Lie to you about how much you owe.
- Add additional fees that were not agreed upon in the original loan.
- Call you at times you said were inconvenient, such as while you’re at work.
- Call you before 8:00 a.m. or after 9:00 p.m.
- Call you after you’ve told them to stop contacting you.
- Threatening unlawful or unintended legal action.
All of these are violations of the FDCPA, so you should always keep track of exactly what happened. When a collector from LVNV calls you for the first time, he must identify himself, his company, and the company your debt came from, and warn you that any information collected will be used in the collection of that money. Within five days of the call, they need to send you written notice of the debt. At this point, you can request verification of the loan, which many companies like LVNV who buy debt, may not have. If they can’t prove that the debt is yours through a verification letter, the company must stop contacting you.
It’s always within your rights to stop collection agencies from contacting you. You need to send a request to LVNV in writing. Once it’s received, LVNV can only contact you again to communicate that they got it and won’t be calling you again or to summon you to court, or to take another specific action.
Just remember that even if you’re not being contacted by the collectors anymore, if the debt is yours, you’ll still have to pay it not matter how often you hear from LVNV.
Laws LVNV Funding has been Accused of Breaking*
LVNV Funding can sometimes be the second or third debt collection agency to buy a debt, so they’ve been accused of breaking the laws of the FDPCA many times. The company has been taken to court many times for FDCPA violations.
According to AlabamaConsumer.com, LVNV uses the illegal practices, such as collecting in states it’s not licensed in, not sending acceptable verification letters, abusing consumers on the phone, and other deceitful methods.
What to Do if LVNV is Trying to Collect a Debt from You*
If you are sued by LVNV, you should never ignore a court summons. Without you there, the case will automatically be defaulted and the judge will be forced to rule in LVNV’s favor. You may have to pay the debt back even if it’s been unlawfully inflated or it doesn’t belong to you.
If LVNV has committed any of the FDCPA violations above or if you feel you were treated unfairly for others reasons, you should talk to a qualified lawyer. Your attorney can help you gather and analyze evidence to build a case against LVNV. You could earn $1,000 if LVNV has violated the FDCPA, and even more if you have suffered due to unfair practices.
*According to alabamaconsumer.com
Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against LVNV or any other third-party collection agency, you may not be entitled to any compensation.