Date Received: 2023-01-28
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: In a prior complaint ( XXXX ), I requested detailed information to verify an alleged debt being collected by PORTFOLIO RECOVERY ASSOCIATES ( partial account number : XXXX ). If the request was met, this complaint would indicate another violation by PORTFOLIO RECOVERY of Regulation E of the Electronic Fund Transfer Act ( EFTA ) and the Fair Credit Reporting Act ( FCRA ). Today, I am submitting a complaint against PORTFOLIO RECOVERY for violating EFTA and FCRA. Regulation E is a regulation issued by the Federal Reserve Board under the Electronic Fund Transfer Act ( EFTA ) to protect consumers who use electronic fund transfer ( EFT ) services, including credit card transactions, debit card transactions, Automated Clearing House ( ACH ) transfers, and ATM transactions. The purpose of Regulation E is to provide consumers with clear and concise disclosures of their rights and liabilities in EFTs. The regulation requires financial institutions and credit card companies to provide consumers with disclosures, including credit limits for particular credit cards and credit lines, error resolution procedures, and other protections related to EFTs. The regulation also imposes liability on financial institutions for unauthorized EFTs and sets out procedures for consumers to dispute errors, inaccuracies, and unauthorized transactions. Pursuant to section 904 of the EFTA, if a credit card company ( original creditor in this case ) allows a charge that is higher than the credit limit, the credit card company is violating the EFTA by authorizing a legally unauthorized transfer of funds from the consumer 's account. Section 904 of the EFTA, specifically states that " a financial institution shall not honor an electronic fund transfer initiated through an automated teller machine or point of sale terminal if the transfer would exceed the account balance of the consumer or would exceed any established credit limit for the account. '' Therefore, by allowing a charge that is higher than the credit limit, the credit card company violated section 904 of the EFTA, by authorizing a legally unauthorized transfer of funds and not ensuring that the consumer 's account balance is not exceeded. In this alleged debt, which has not yet been validated and verified as requested, PORTFOLIO RECOVERY, is attempting to collect an amount that exceeds any legally established credit limit for that account, a clear violation of the EFTA. An itemized payment history in my prior request for validation and verification of this account would have revealed this error and related inaccuracies. Furthermore, PORTFOLIO RECOVERY is in violation of Section 919 ( a ) of the EFTA, which imposes liability on financial institutions for unauthorized transfers, including those resulting from legally unauthorized credit card transactions. PORTFOLIO RECOVERY is violating section 904 of the Electronic Fund Transfer Act ( EFTA ) by collecting an alleged debt after the original creditor allowed a charge that was higher than the credit limit, a complete violation of the law. By authorizing a charge or transfer, the original creditor did not ensure that the consumer 's account balance was not exceeded, which violates the provisions outlined in section 904 of the EFTA. Furthermore, the original creditor and now PORTFOLIO RECOVERY allowed a charge that was higher than the credit limit and are reporting and trying to collect this legally unauthorized charge or transfer as a legitimate debt, thereby violating the requirement to report accurate information under the FCRA, specifically, section 611 of the FCRA, 15 U.S.C. 1681i ( a ) ( 1 ). PORTFOLIO RECOVERY is reporting this legally unauthorized charge/transfer to credit bureaus as a negative item on my credit report, which is inaccurate reporting with incomplete information. The FCRA requires consumer reporting agencies to ensure the accuracy, fairness, and privacy of consumer credit information, and to investigate disputes and correct errors promptly. By reporting the legally unauthorized charge/transfer as a negative item on my credit report, PORTFOLIO RECOVERY has impugned my creditworthiness and caused significant harm to my financial reputation and standing. In accordance with procedures established by the CFPB and pursuant to section 15 U.S.C. 1681g ( a ) ( 3 ) of this title regarding the completeness or accuracy of any item of information in a consumer 's file, PORTFOLIO RECOVERY is bound to reinvestigate disputes from consumers regarding the accuracy or completeness of information in their credit files, and to update or delete the item from the file in accordance with paragraph ( 5 ), before the end of the 30-day period beginning on the date on which PORTFOLIO RECOVERY receives the notice of the dispute from the consumer. 15 U.S.C. 1681e of the Fair Credit Reporting Act ( FCRA ) requires consumer reporting agencies and collection agencies to maintain reasonable procedures to ensure the maximum possible accuracy of the information contained in consumer credit reports. This section of the FCRA ensures that the information in a consumer 's credit report is accurate, up-to-date, and complete. This provision of the law has been violated in this case. Specifically, 15 U.S.C. 1681e ( a ) - states requirements for maximum possible accuracy : This subsection requires consumer reporting agencies and collection agencies to follow reasonable procedures to ensure the maximum possible accuracy of the information contained in consumer credit reports. 15 U.S.C. 1681e ( b ) - Duty to correct and update information : This subsection requires consumer reporting agencies and collection agencies to promptly correct or delete inaccurate or incomplete information in consumer credit reports. Therefore, since PORTFOLIO RECOVERY is violating section 904 of the Electronic Fund Transfer Act ( EFTA ) by collecting an alleged debt after the original creditor allowed a charge that was higher than the credit limit, a complete violation of the law, PORTFOLIO RECOVERY is also reporting and trying to collect this legally unauthorized charge or transfer as a legitimate debt, thereby violating the requirement to report accurate and complete information under the FCRA. Specifically, section 611 of the FCRA, 15 U.S.C. 1681i ( a ) ( 1 ), which constitutes FCRA 's provisions regarding the accuracy, fairness, and privacy of consumer credit information. I respectfully urge the CFPB to investigate these facts of law and these violations by PORTFOLIO RECOVERY and delete this illegal account from my report. Respectfully, XXXX XXXX
Company Response:
State: IL
Zip: 60638
Submitted Via: Web
Date Sent: 2023-01-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-28
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I have sent documents to Portfolio Recovery Associates and have yet to repond to me. Ive requested documents on this alleged debt multiple times and nothing. All they've been doing is harrasing me to pay them but i dont even know why they are charging me or who they even are.
Company Response:
State: NY
Zip: 114XX
Submitted Via: Web
Date Sent: 2023-01-28
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-28
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: On or around XX/XX/2022 Portfolio Recovery associates LLC retained XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX A lawsuit mill that has represented itself as a legitimate law firm to sue and harass me in court Case # XXXX XXXX XXXX XXXX XXXX XXXX XXXX Portfolio Recovery XXXX XXXX XXXX XXXX would not and refused to produce proper documentation supporting their claims to the debt, both title and chain of custody, and would only produce erroneous affidavits. they did back out of their lawsuit and dismissed their case after wasting much of my time and XXXX funds on fruitless court appearances. now Portfolio Recovery associates LLC has filed a 1099c with the IRS on a debt they can not and wont prove they own and have sent no official communication that they have officially discharged the alleged debt or substantiated they have a right to claim a loss to the IRS and force me to pay taxes on it.
Company Response:
State: KS
Zip: 67217
Submitted Via: Web
Date Sent: 2023-01-28
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-27
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: As a third-party intervener this company has negatively impacted me as a consumer. Pursuant to federal law They have committed fraud and several violations of the FDCPA and XXXXILA. They are now threatening me for an alleged debt that they claim I owe. I never received a Material Disclosure of any of the information that was supposed to be provided to me. they have taken an unfair advantage of me as a consumer, and they should be held accountable for deceiving me and not validating the debt. They have not validated anything ; they have ruined my character and general reputation by reporting erroneous information on my consumer report and included a symbol on the contents of the envelope for the mail courier or any person affiliated with the postal service or comes in contact with the envelope that alleges I owe a debt. Theyve act as if they are unaware of what I am requesting or that the law does not apply to them and I've included evidence and proof, pursuant to federal law with facts that prove that the law does apply to them and that they must adhere to them. They have not provided me with any original documents, and they have disregarded the law by saying, they do not have to provide me with anything except billing statements or applications, which is not proof of validation or proof that I owe anything. They are also claiming that they must report information to the credit bureaus, however cfpb handbook 3.1.1 furnishers incentives and decentives states- reporting to credit bureaus and other consumer agencies by creditors is voluntary and historically has been. Furnishers have multiple incentives to contribute data to XXXX one of which is for borrowers to make timely repayments. Their willful non-compliance has damaged my reputation as well as my credit file
Company Response:
State: LA
Zip: 70726
Submitted Via: Web
Date Sent: 2023-01-27
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-27
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: Portfolio Recovery is reporting a collections on my credit report. They purchased this debt from XXXX XXXX. We have disputed for years. They will not produce any receipts or proof, only a statement ( Last statement produced ). They took it to court, which resulted in a judgement and lien. It is illegal for Credit Bureaus to report judgements. As of XX/XX/2018, credit bureaus do not report judgements, which are civil. This is still on my credit reports and needs to be removed immediately. Also, Portfolio Recovery calls my place of business at least once a week and continues to send letters for collection. I can provide contact information for Portfolio Recovery if needed. I can also provide a copy of the judgement, showing proof it is now civil.
Company Response:
State: FL
Zip: 32571
Submitted Via: Web
Date Sent: 2023-01-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-27
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: Portfolio Recovery is reporting a collection account on my reports that I am not familiar with. I have reached out to them via mail requesting sufficient documentation stating how they figure this account and debt belongs to me. Here is the tracking, XXXX XXXX XXXX XXXX XXXX. In receipt of this validation request they only sent an itemized statement of the account. A statement is not validation of debt further proving that they do not have valid proof to support their claim. I am requesting that this account is deleted from my credit reports now!
Company Response:
State: TX
Zip: 77076
Submitted Via: Web
Date Sent: 2023-01-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-27
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: These creditors Portfolio recovery assc XXXX and XXXX XXXX XXXX XXXX are illegally reporting inaccurate, noncompliant, and false information about me. The following alleged accounts are listed as collections with a past due balance of {$1000.00} from portfolio recovery XXXX and {$520.00} from XXXX XXXX XXXX XXXX. This is a violation of the Fair Credit Reporting Act and is in violation of requisite XXXX XXXX compliant reporting standards. By the provisions of FCRA and the standards of reporting compliance implemented with the XXXX enacted XXXX XXXX XXXX XXXX regulations, i have the right to a fair and accurate credit report, and you are required to remove any information that isnt true, accurate, compliant and verifiable. i demand these above mentioned derogatory items be investigated and permanently remove from my report.
Company Response:
State: KY
Zip: 41071
Submitted Via: Web
Date Sent: 2023-01-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-26
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: PLEASE SEE THE ATTACHED LETTER THAT WAS SENT LAST MONTH TO PORTFOLIO RECOVERY. I AM ASKING FOR VALIDATION BECUASE THIS ACCOUNT DOES NOT LOOK FAMILIAR TO ME AND I HAVE BEEN COMPENSATED FOR A DATA BREACH SO THIS MAY BE THE CASE. ALSO, I DONT SEE THAT PORTFOLIO RECOVERY IS LICENSED IN THE STATE OF TEXAS TO COLLECT DEBT. I CAN BE WRONG BUT PLEASE REFER TO THE LETTER AND PROVIDE THE REQUIRED INFORMATION. IF NOT, PLEASE CONTACT THE BUREAUS TO REMOVE THIS ACCOUNT FROM MY CREDIT REPORTS IMMEDIATELY. EITHER WAY, I AM EXPECTING A RESPONSE REGARDING THIS ACCOUNT. PLEASE SEE THE ATTACHED LETTER DATED AND TIME STAMPED FOR YOUR REFERENCE.
Company Response:
State: TX
Zip: 76006
Submitted Via: Web
Date Sent: 2023-01-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-26
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: After my last dispute & complaint against this collection agency, they began reporting the two alleged collections accounts incorrectly on my XXXX credit report. The two accounts were originally reported as Open under the " Collections '' section of the report. As of XXXX 2023, PRA is reporting the alleged collections accounts as Closed under the " Other Accounts '' section of the XXXX credit report. On both of my XXXX XXXX XXXX credit reports, PRA is reporting them as Open under the " Collections '' sections. This is beyond confusing and ultimately frustrating when my legitimate creditors access my credit reports. This discrepancy makes it appear as though I owe duplicate alleged debt collections to PRA when I actually do not own duplicate alleged debt collections.
Company Response:
State: DE
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-01-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-27
Issue: Communication tactics
Subissue: Frequent or repeated calls
Consumer Complaint: They called me again today, XX/XX/23 19 times in less than a minute.
Company Response:
State: WA
Zip: 98503
Submitted Via: Web
Date Sent: 2023-01-27
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A