Date Received: 2023-10-13
Issue: Threatened to contact someone or share information improperly
Subissue: Talked to a third-party about your debt
Consumer Complaint: Re : Dispute of Unauthorized Collection Agency Reporting, FCRA Section 609 Compliance, Impact of Auto Repossession, Delinquent Student Loans, and Request for Goodwill Removal To Whom It May Concern, I am writing on behalf of XXXX XXXX, a valued consumer who has sought our assistance in addressing discrepancies and adverse actions reported on their credit file. We believe that the reporting of these adverse actions may not comply with federal laws, specifically the Fair Credit Reporting Act ( FCRA ) and its Section 609, regardless of the validity of the negative accounts in question. These adverse actions, including unauthorized collection agency reporting, are impeding XXXX XXXX 's ability to obtain new credit accounts. Additionally, we wish to highlight the adverse impact of an auto repossession and delinquent student loans that remain on XXXX XXXX credit report. Unauthorized Collection Agency Reporting : Our primary concern is the unauthorized reporting of negative accounts by a collection agency, XXXX XXXX XXXX and Portfolio Recovery Assoc, which does not have a valid agreement or authorization from XXXX XXXX to report this information on their credit file. The FCRA requires that any entity reporting negative account information must have authorization to do so from the consumer in question. XXXX XXXX has never entered into an agreement or provided authorization to XXXX XXXX XXXX and Portfolio Recovery Assoc to report on their behalf. There was an agreement with XXXX XXXX and XXXX XXXX but not with XXXX XXXX XXXX and Portfolio Recovery Assoc. We kindly request a thorough investigation into the unauthorized collection agency reporting of the following negative accounts on XXXX XXXX 's credit file : XXXX XXXX XXXX Portfolio Recovery Assoc Impact of Auto Repossession : In addition to the unauthorized collection agency reporting, we want to highlight the adverse impact of an auto repossession on XXXX XXXX credit report. The repossession occurred during a period of financial hardship, and it has significantly affected their creditworthiness. We kindly request an investigation into the auto repossession and its reporting, along with its impact on XXXX XXXX ability to obtain new credit accounts through XXXX XXXX XXXX. Delinquent Student Loans : Furthermore, we wish to bring to your attention the presence of delinquent student loans on XXXX XXXX 's credit report. While we understand the importance of accurate reporting of debts, we believe that there may be inaccuracies or discrepancies related to these student loans that are negatively impacting XXXX XXXX 's credit profile. We request a thorough review of these student loan accounts and their reporting to ensure compliance with applicable laws. FCRA Section 609 Compliance : Furthermore, we would like to draw attention to FCRA Section 609, which obligates consumer reporting agencies to provide consumers with a copy of their credit report upon request. It does not distinguish between the validity of the negative accounts contained within the report. We are aware that Section 609 does not assess the accuracy or validity of accounts but instead focuses on ensuring that consumers have access to their credit information. Impact on Obtaining New Credit Accounts : In accordance with FCRA Section 615, adverse actions can significantly hinder a consumer 's ability to secure new credit accounts. These actions often result in credit denials, higher interest rates, or less favorable terms on credit applications. The inability to obtain new credit accounts has a profound impact on an individual 's financial well-being and opportunities. Request for Goodwill Removal : In the event that the reported violations are not deemed sufficient for immediate removal of these adverse items, we kindly request that the CFPB considers goodwill removal as a means to help alleviate the adverse impact on XXXX XXXX credit report. Goodwill removal is a compassionate action that acknowledges the consumer 's efforts to address and rectify past financial difficulties. We appreciate your prompt attention to this issue and request a comprehensive investigation into the aforementioned concerns, including the unauthorized collection agency reporting, the impact of the auto repossession and delinquent student loans on XXXX XXXX ability to obtain new credit accounts, and the possibility of goodwill removal. Thank you for your cooperation in addressing this matter within the bounds of consumer protection laws.
Company Response:
State: HI
Zip: 96819
Submitted Via: Web
Date Sent: 2023-10-13
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-11
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I am writing to bring attention to a concerning matter concerning my credit file. I have observed the presence of a collection entry from your agency, which has caught my attention as I was not previously informed about this collection. Furthermore, I hold serious doubts about the accuracy of the debt being claimed. As per the Fair Debt Collection Practices Act, I have the right to request validation of the debt. Thus, I kindly request that you provide me with the required validation and take appropriate actions to address this issue.
Company Response:
State: NV
Zip: 89142
Submitted Via: Web
Date Sent: 2023-10-11
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-11
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: from XX/XX/2022 to XX/XX/2022 every month disputes for inaccurate information and incomplete credit information. their responses were not accurate on all 3 major credit agencies. they are in violation of my rights in accordance to 15 U.S. code 1681b not following reasonable procedures to report accurate information in addition to violating 15 u.s. code 1681s-2 responsibility of furnishers of information to consumer reporting agencies,
Company Response:
State: TX
Zip: 78214
Submitted Via: Web
Date Sent: 2023-10-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-12
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: Portfolio Recovery Associates , LLC has been attempting to collect an alleged debt for the amount of {$1200.00} since XX/XX/XXXX. Company claims it purchased the alleged debt from XXXX XXXXXXXX XXXX but has failed to validate it's claims despite multiple written requests for such by me per FDCPA. My last written request for such proof and validation was on XX/XX/XXXX and it was not acknowledged and company continues to engage in negative reporting and damage my credit in violation of FDCPA and FCRA.
Company Response:
State: NY
Zip: 12302
Submitted Via: Web
Date Sent: 2023-10-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-09
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: I am discovered 5 debts on my report from portfolio recovery when I was trying yo rent a home for my family. We are currently homeless. I was denied leasing because of collections on my account. I sent a debt verification letter on XX/XX/2023 and received no response. They are continuing to report the 5 collections account to the 3 major credit bureaus without verification of debt, violating federal and state laws. I want the accounts removed from my reports immediately and a letter of its deletion sent to me and anyone who had received my report within the last 60 days. As long as this happens IMMEDIATELY I will not proceed with court action.
Company Response:
State: WA
Zip: 98004
Submitted Via: Web
Date Sent: 2023-10-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-09
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: was notified twice about a debt, and asked for original contract with wet signature, all information from the original creditor, name, phone address, billing history / payments, proof of ownership of debt
Company Response:
State: NV
Zip: 891XX
Submitted Via: Web
Date Sent: 2023-10-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-09
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: I was just made aware that I debt had paid off with Portfolio Recovery Service previously was readded to my credit report, with the status going from " paid '' to " derogatory. '' As of XX/XX/2023, it was reopened. They are also reporting an old account as collections in the amount of {$300.00} as an open balance, which is illegal and a violation of my rights under the FDCPA. You can not have a bill in with a collection agency that has an outstanding balance, as per 15 US Code 1618i. In the past, when I requested validation of this debt, they only verified it. I was never provided with the documentation of how they verified it.
Company Response:
State: WV
Zip: 25801
Submitted Via: Web
Date Sent: 2023-10-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-09
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: The following accounts have violated my consumer rights : PORTFOLIO RECOV ASSOC : Acct # XXXX Violations : False credit info communication ( 15 USC 1681a ( d ) ( 2 ) ( A ) ( i ) ). Communicating false credit info ( 15 U.S.C. sec. 1692e ( 8 ) ). Threats, obscene language ( 15 USC 1692d ( 1 ) & ( 2 ) ). Postcard communication, improper language/symbol usage ( 15 USC 1692F ( 7 ) & ( 8 ) ). Seeking prompt resolution per XXXX guidelines. XXXX reports info excluded under 15 USC 1681a ( d ) ( 2 ) ( A ) ( i ), breaching XXXX compliance. Immediate action requested, including deletion of derogatory info. Accounts in collection without IRS Form 1099-C violate 26 USC ss 6050P. Request deletion within 30 days. Non-compliance will result in IRS forms 3949A and 211 filings. Prompt attention and resolution expected.
Company Response:
State: GA
Zip: 30263
Submitted Via: Web
Date Sent: 2023-10-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-29
Issue: Took or threatened to take negative or legal action
Subissue: Threatened to arrest you or take you to jail if you do not pay
Consumer Complaint: This debt that is trying to be collected is from the only creditor that would not work with me during COVID when I was unemployed. I requested a lower minimum and they refused. I tried to only electronically submit a lower amount and their system took the minimum no matter what. So I shut off auto-pay. They charged me tons of interest and late fees. They sent to a debt collector who sent me a letter with an apparent offer letter from the creditor to settle the amount which I never received from the creditor. I offered at this point to pay that amount and they refused. Today someone came to my house while I was at work and tried to serve papers and threatened a bench warrant and jail time. My partner was home and I watched on the ring camera.
Company Response:
State: NM
Zip: 87505
Submitted Via: Web
Date Sent: 2023-10-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-08
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: I checked my credit report and looked on my soft pulls. Portfolio Recovery is spamming soft pulls. I do not have any account with them on my credit report or authorized this company. Why would they be doing that? PORTFOLIO RECOV ASSOC Inquired on XX/XX/XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Why the heck is Portfolio Recovery doing Soft pull spams on my account? A debt collector only has permissible purpose to obtain a consumer 's credit report if they have active collection authority. FCRA 604 ( a ) ( 3 ) ( A ). If the debt collector does not have active collection authority on a debt of the consumer, they have no permissilbe purpose. The FCRA requires that a party requesting a credit report must provide one or more of the permissible purposes set forth under FCRA 604 if the consumer has not provided express authorization to the CRA for the debt collector to obtain a credit report. If there is no unpaid debt for which the debt collector has active collection authority, then they lack permissible purpose, and their inquiries are a violation of the FCRA.
Company Response:
State: NJ
Zip: 070XX
Submitted Via: Web
Date Sent: 2023-10-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A