Date Received: 2023-09-07
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: This company has violated my consumer rights and has defamed my character by attempting to collect an alleged debt and reporting it to consumer reporting agencies. The following are the federal laws that they broke. 3-203. TRANSFER OF INSTRUMENT ; RIGHTS ACQUIRED BY TRANSFER. Primary tabs ( a ) An instrument is transferred when it is delivered by a person other than its issuer for the purpose of giving to the person receiving delivery the right to enforce the instrument. ( b ) Transfer of an instrument, whether or not the transfer is a negotiation, vests in the transferee any right of the transferor to enforce the instrument, including any right as a holder in due course, but the transferee can not acquire rights of a holder in due course by a transfer, directly or indirectly, from a holder in due course if the transferee engaged in fraud or illegality affecting the instrument. ( c ) Unless otherwise agreed, if an instrument is transferred for value and the transferee does not become a holder because of lack of indorsement by the transferor, the transferee has a specifically enforceable right to the unqualified indorsement of the transferor, but negotiation of the instrument does not occur until the indorsement is made. ( d ) If a transferor purports to transfer less than the entire instrument, negotiation of the instrument does not occur. The transferee obtains no rights under this Article and has only the rights of a partial assignee 1006.34 Notice for validation of debts. ( c ) Validation information. Pursuant to paragraph ( a ) ( 1 ) of this section, a debt collector must provide the following validation information. ( 1 ) Debt collector communication disclosure. The statement required by 1006.18 ( e ). ( 2 ) Information about the debt. Except as provided in paragraph ( c ) ( 5 ) of this section : ( i ) The debt collector 's name and the mailing address at which the debt collector accepts disputes and requests for original-creditor information. ( ii ) The consumer 's name and mailing address. ( iii ) If the debt collector is collecting a debt related to a consumer financial product or service as defined in 1006.2 ( f ), the name of the creditor to whom the debt was owed on the itemization date. ( iv ) The account number, if any, associated with the debt on the itemization date, or a truncated version of that number. ( v ) The name of the creditor to whom the debt currently is owed. ( vi ) The itemization date. ( vii ) The amount of the debt on the itemization date. ( viii ) An itemization of the current amount of the debt reflecting interest, fees, payments, and credits since the itemization date. A debt collector may disclose the itemization on a separate page provided in the same communication with a validation notice, if the debt collector includes on the validation notice, where the itemization would have appeared, a statement referring to that separate page. ( ix ) The current amount of the debt. 1006.14 Harassing, oppressive, or abusive conduct. ( a ) In general. A debt collector must not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt, including, but not limited to, the conduct described in paragraphs ( b ) through ( h ) of this section. ( b ) Repeated or continuous telephone calls or telephone conversations ( 1 ) In general. In connection with the collection of a debt, a debt collector must not place telephone calls or engage any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number. 1006.18 False, deceptive, or misleading representations or means. ( a ) In general. A debt collector must not use any false, deceptive, or misleading representation or means in connection with the collection of any debt, including, but not limited to, the conduct described in paragraphs ( b ) through ( d ) of this section. ( b ) False, deceptive, or misleading representations. ( 1 ) A debt collector must not falsely represent or imply that : ( i ) The debt collector is vouched for, bonded by, or affiliated with the United States or any State, including through the use of any badge, uniform, or facsimile thereof. ( ii ) The debt collector operates or is employed by a consumer reporting agency, as defined by section 603 ( f ) of the Fair Credit Reporting Act ( 15 U.S.C. 1681a ( f ) ). ( iii ) Any individual is an attorney or that any communication is from an attorney. ( iv ) The consumer committed any crime or other conduct in order to disgrace the consumer. ( v ) A sale, referral, or other transfer of any interest in a debt causes or will cause the consumer to : ( A ) Lose any claim or defense to payment of the debt ; or ( B ) Become subject to any practice prohibited by this part. ( vi ) Accounts have been turned over to innocent purchasers for value. ( vii ) Documents are legal process. ( viii ) Documents are not legal process forms or do not require action by the consumer. ( 2 ) A debt collector must not falsely represent : ( i ) The character, amount, or legal status of any debt. ( ii ) Any services rendered, or compensation that may be lawfully received, by any debt collector for the collection of a debt. 1006.22 Unfair or unconscionable means. ( a ) In general. A debt collector must not use unfair or unconscionable means to collect or attempt to collect any debt, including, but not limited to, the conduct described in paragraphs ( b ) through ( f ) of this section. ( b ) Collection of unauthorized amounts. A debt collector must not collect any amount unless such amount is expressly authorized by the agreement creating the debt or permitted by law. For purposes of this paragraph, the term any amount includes any interest, fee, charge, or expense incidental to the principal obligation. 1006.30 Other prohibited practices. ( a ) Required actions prior to furnishing information ( 1 ) In general. Except as provided in paragraph ( a ) ( 2 ) of this section, a debt collector must not furnish to a consumer reporting agency, as defined in section 603 ( f ) of the Fair Credit Reporting Act ( 15 U.S.C. 1681a ( f ) ), information about a debt before the debt collector : ( i ) Speaks to the consumer about the debt in person or by telephone ; or ( ii ) Places a letter in the mail or sends an electronic message to the consumer about the debt and waits a reasonable period of time to receive a notice of undeliverability. During the reasonable period, the debt collector must permit receipt of, and monitor for, notifications of undeliverability from communications providers. If the debt collector receives such a notification during the reasonable period, the debt collector must not furnish information about the debt to a consumer reporting agency until the debt collector otherwise satisfies this paragraph ( a ) ( 1 ). 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. ( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate. 5 U.S. Code 552a - Records maintained on individuals
Company Response:
State: PA
Zip: 18201
Submitted Via: Web
Date Sent: 2023-09-07
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-07
Issue: Took or threatened to take negative or legal action
Subissue: Sued you without properly notifying you of lawsuit
Consumer Complaint: On XX/XX/2023, I discovered that Portfolio Recovery Associates has placed a bank levy on my accounts by way of XXXX XXXX XXXX. I was never notified of a lawsuit from this company and have no knowledge of any contractual or legal obligation to them. I have disputed this debt accusation and notified them in writing via certified mail. Portfolio Recovery Associates has brought claim against me without properly notifying me of a lawsuit and has caused a disruption in my financial life.
Company Response:
State: TX
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-09-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-07
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: Account # XXXX Placed in Collections XX/XX/XXXX I reached out to this company in XXXX of XXXX. I requested an original invoice, debt validation letter as well as any other information that prooves I indeed owe this amount to them or the original creditor. They did not furnish this information. I have only 1 account with XXXX XXXX and it is in good standing and open right at this moment.
Company Response:
State: IL
Zip: 60102
Submitted Via: Web
Date Sent: 2023-09-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-07
Issue: Incorrect information on your report
Subissue: Old information reappears or never goes away
Consumer Complaint: Portfolio Recovery agreed that it would delete this from my credit report
Company Response:
State: NV
Zip: 89031
Submitted Via: Web
Date Sent: 2023-09-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-06
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: For any collection account, we will visit 15 USC 1692 - FAIR DEBT COLLECTION PRACTICES ACT ( FDCPA ), and the Fair Credit Reporting Act ( FCRA ) 15 USC 1681. A Consumer can refuse to pay a debt collector XXXX 15 USC 1692 ( c ) ( c ) I Never gave my permission to furnish any false information on my credit report! Its a violation of my lawful rights. I have the rights to privacy! And to report any thats being reported inappropriately. Please remove this account from my experian and XXXX! PORTFOLIO RECOVERY ASSOCIATES!
Company Response:
State: GA
Zip: 30296
Submitted Via: Web
Date Sent: 2023-09-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-06
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: FL
Zip: 33615
Submitted Via: Web
Date Sent: 2023-09-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-05
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: My name is XXXX XXXX and I am filing a complaint because my rights under the FDCPA and FCRA have been violated by Portfolio Recovery Associates. In XXXX of XXXX, I became aware that Portfolio Recovery had listed a collection regarding a debt that they claim that I owed. I immediately asked them to produce documentation validating this debt in accordance with the FDCPA. It became clear that the account numbers were inaccurate between the bureaus and Portfolio Recovery could not produce a signed contract after multiple reinvestigations. It was so egregious that XXXX removed the account from their report due to this companys refusal to follow the law. Over the past two and a half years, I have given them multiple opportunities to validate this debt and they failed to do so. The account is now so old, it has been time-bared from being collected on in the state of Florida. When I informed them that they no longer have the right to collect on this debt, Portfolio Recovery Associates expressed their intent to violate state law and continued collection action on this debt. This is not new behavior for Portfolio Recovery, as evidenced by the order in XXXX of XXXX where the CFPB ordered them to pay {$24.00} XXXX to compensate victims due to their willful and deliberate violation of the FCRA and FDCPA. This organization has open contempt for the law and those who are tasked with enforcing it. Since Portfolio Recovery Associates has expressed their intent to break the law, I would also like to see their license to collect in the state of Florida, license # XXXX, be suspended or revoked so that they can no longer engage in this fraudulent activity. I was denied for an apartment, a bank account, and for lines of credit due to this companys refusal to remove this time-barred account. I have suffered financial and reputational damages and my character has been defamed. My case against this company is open and shut and I do plan to take legal action if this is not resolved. I want this account deleted from my credit report immediately and I want this companys license to be put under review by the Florida Office of Financial Regulation.
Company Response:
State: FL
Zip: 33615
Submitted Via: Web
Date Sent: 2023-09-05
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-05
Issue: Getting a credit card
Subissue: Card opened without my consent or knowledge
Consumer Complaint: on XX/XX/XXXX i received a call from a credit collector stating that i owed XXXX dollars into a close account to make a payment. i thought this was someone trying to scam me until i proceeded to the bank in which the credit was opened they confirmed to me that an account was opened XX/XX/XXXX under my name and that account was charged off and sent to collections. I have tried to dispute this twice with no luck The account has an address that i have never lived on Also the card that was opened under my name has one last name and i have two last names Which i have in all my personal documents including debit cards and government ids.
Company Response:
State: NJ
Zip: 07206
Submitted Via: Web
Date Sent: 2023-09-08
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-05
Issue: Communication tactics
Subissue: Frequent or repeated calls
Consumer Complaint: The collections company is called Portfolio Recovery. Portfolio Recovery Associates , LLC XXXX XXXX XXXX XXXX, VA XXXX XXXX ID : XXXX I have informed them ( Portfolio Recovery ) on multiple occasions that I'm filing for bankruptcy and have a lawyer representing my case, as well as providing my lawyer 's name and contact information, and asked that Portfolio Recovery stop calling me and any contact go through my attorney. I have requested this more than once via phone contact with representatives from this debt collection agency operating under the name Portfolio Recovery. Despite this, they call upwards of 7-8 times a day, from varying number spoofs of local area codes. The number sometimes shows up as Portfolio Recovery on caller ID, and when I have spoken to them they've identified themselves as Portfolio Recovery. They call on evenings, weekends, even holidays ; one day they called upwards of 14 times.
Company Response:
State: MI
Zip: 48114
Submitted Via: Web
Date Sent: 2023-09-05
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-05
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: FL
Zip: 33172
Submitted Via: Web
Date Sent: 2023-09-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A