When I filed a complaint through the BBB against LVNV in November of 2011 LVNV was rated an "A" by the BBB, today I notice they are "not rated due to review" so BBB complaints DO matter even if you are not going to like the results. LVNV is a very difficult company to deal with, they use every nasty trick they can and seem to have no conscience. I mention this because you probably won't get anywhere using the BBB concerning LVNV, other than one more complaint against their business model.
LVNV responds fairly quick, a week or so, but its going to be a stock response that will include the following:
It appears there is a misunderstanding as to our obligations under the Fair Debt Collection Practices Act ("FDCPA") to validate a debt. The FDCPA provides that if a consumer disputes a debt, he/she has the right to request validation of the debt within thirty days of his receipt of the first collection letter. Specifically, it states: If the consumer notifies the debt collector in writing within the thirty-day period described in subjection (a) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. 15 U.S.C. § 1692g(b).
The FDCPA does not define the term "validation," but the term has been interpreted by the Federal Trade Commission ("FTC") and the courts. The FTC stated that validation "is intended to assist the consumer when a debt collector inadvertently contacts the wrong consumer at the start of his collection efforts." FTC Staff Commentary on the FDCPA, 53 Fed. Reg. 50097, 50108-09 (Dec. 13, 1998).
The courts have adopted a similar interpretation, stating:
[V]erification of a debt involves nothing more than the debt collector confirming in writing that the amount being demanded is what the creditor is claiming is owed; the debt collector is not required to keep detailed files of the alleged debt. See Azar v. Hayter, 874 F. Supp. 1314 (N.D. Fla. 1995), aff’d, 66 F.3d 342 (11th Cir. 1995), cert. Denied, 516 U.S. 1048 (1996). Consistent with the legislative history, verification is only intended to "eliminate the… problem of debt collectors dunning the wrong person or attempting to collect debts which the consumer has already paid." S. Rep. No. 95-384 at 4 (1977), reprinted in 1977 U.S.C.C.A.N. 1695, 1699. There is no concomitant obligation to forward copies of bills or other detailed evidence of the debt.
Chaudhry v. Gallerizzo, 174 F. 3d 394, 406 (4th Cir. 1999), cert. denied, 528 U.S. 891 (1999). Verification of a debt requires more than simply resending the same collection letter that prompted the consumer to dispute the debt. The debt collector should verify that the amount demanded is what the creditor claims is owed.
After you go around and around and come to a stand still you'll get:
Complaint Administratively judged resolved - The Better Business Bureau has determined that the business made a good faith effort to resolved the complaint and has now closed it
Message after message on these boards and many others state that LVNV (et al) never sent a dunning notice or collection letter, yet they'll claim they did. They also late entry poison credit reports that have new mortgage inquiries because they know you need to settle to get your mortgage. I could go on and on about the nasty business practices of LVNV, but its by their design so BBB complaints? (They already have a plan to be dismissive and they are used to them). I don't mean to discourage you, just a heads up what to expect.
Starting Score: EQ = 550; TU = 491(2/10/12)