Date Received: 2022-04-02
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: XXXX, XXXX Portfolio Recovery Associates. Do to a data breach I am a victim of identity theft. An identity thief used my personal information without my permission to make the following charges : XXXX XXXX Bank - XXXX dollars - XXXX. I have file a compliant with the Federal Trade Commission and IdentityTheft.gov relating to these two accounts. I have mailed both companies the documents F.T.C provided me with. The letters are attached. I have talked to XXXX XXXX credit card fraud department XX/XX/XXXX. XXXX XXXX stated that they will mail me a letter in concern with this fraudulent account and state that I am not liable for the account.
Company Response:
State: SC
Zip: XXXXX
Submitted Via: Web
Date Sent: 2022-04-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-04-02
Issue: Communication tactics
Subissue: You told them to stop contacting you, but they keep trying
Consumer Complaint: Company Name : Portfolio Recovery Associates , LLC Violations : 1 ] Attempting to collect on a charged off debt. ( XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX ) 2 ] Attempting to mislead me about the status of my charged off debt. ( XX/XX/XXXX ) 3 ] Calling my phone number on XX/XX/XXXX, after I had called back and put in two separate Do Not Call requests with the company ( XX/XX/XXXX and XX/XX/XXXX ). 4 ] Calling my phone number on XX/XX/XXXX, after I had explicitly put in a Do Not Call request with the company on XX/XX/XXXX. This company began calling me in early XXXX, attempting to collect a debt on a credit card that had been charged off in XXXX and was set to be removed from my credit report in XXXX. When I called back the first time, I advised them they were collecting a charged off debt and asked to be placed on Do Not Call. They called back 2 days later, so I called back and requested Do not call status again. This morning, they called me back at XXXX.
Company Response:
State: NY
Zip: 141XX
Submitted Via: Web
Date Sent: 2022-04-02
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-04-01
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: XXXX, XXXX XXXX XXXX XXXX # XXXX XXXX XX/XX/1984 ADDRESS XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXXXXXX PORTFOLIO RC XXXX Your company have violated FCRA XXXX15 ( f ) ( 15 U.S.C. 1681m ( f ) ) ( f ) Prohibition on sale or transfer of debt caused by identity theft You have not responded to my request to provide me with an investigation report. I need this resolve, under the Fair Credit Reporting Act, these disputed items may not appear on my credit report if they can not be supported by any evidence ( 1 ) In general No person ( company ) shall sell, transfer for consideration, or place for collection a debt that such person has been notified under section 1681c-2 of this title has resulted from identity theft. ( 2 ) Applicability The prohibitions of this subsection shall apply to all persons collecting a debt described in paragraph ( 1 ) after the date of a notification under paragraph ( 1 ). ( 3 ) Rule of construction Nothing in this subsection shall be construed to prohibit -- ( A ) The repurchase of a debt in any case in which the assignee of the debt requires such repurchase because the debt has resulted from identity theft ; ( B ) the securitization of a debt or the pledging of a portfolio of debt as collateral in connection with a borrowing ; or ( C ) the transfer of debt as a result of a merger, acquisition, purchase and assumption transaction, or transfer of substantially all of the assets of an entity. A person that furnishes information to any consumer reporting agency shall have in place reasonable procedures to respond to any notification that it receives from a consumer reporting agency under section 1681c-2 of this title relating to information resulting from identity theft, to prevent that person from refurnishing such blocked information. The reference items are listed below please take this matter very serious PORTFOLIO RC XXXX I have report your company to consumerfinance.gov As a form of record and I am prepare to sue your company Example In re Portfolio Recovery Associates , LLC XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Signatures on applications and accounts Investigators report XXXX, XXXX XXXX XXXX XXXX # XXXX XXXX XX/XX/1984 ADDRESS XXXX XXXX XXXX XXXX, XXXX XXXXXXXX XXXX XXXX
Company Response:
State: FL
Zip: 33312
Submitted Via: Web
Date Sent: 2022-04-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-04-01
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: I am XXXX XXXX, I am submitting this complaint for myself. No third party is involved. Unknown account appears suspicious. Portfolio Recovery stole my identity. I never gave Portfolio Recovery permission to have my personal information which constitutes identity theft. This alleged account is deceptive and suspicious. No response has been provided. It has been over 30 days.
Company Response:
State: NY
Zip: 10940
Submitted Via: Web
Date Sent: 2022-04-02
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-04-01
Issue: Communication tactics
Subissue: You told them to stop contacting you, but they keep trying
Consumer Complaint: This company keeps unrelentingly calling me daily and sometimes multiple times a day. It has been over a year. They claim I have debt or mortgage due but it is not my debt or mortgage and they have not proven it was mine. I have asked them to stop contacting me and calling me but they continue. I have been threatened that I will be arrested if I do not follow instructions. I have blocked their number but the company keeps calling me under multiple numbers! Blocking them does not help. Please tell them this is harassment and to remove me completely off their call list.
Company Response:
State: WI
Zip: 535XX
Submitted Via: Web
Date Sent: 2022-04-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-04-01
Issue: Written notification about debt
Subissue: Notification didn't disclose it was an attempt to collect a debt
Consumer Complaint: I am writing in reference to Portfilo Recovery Associates, LLC who regularly collect debts for other parties and is a debt collector as defined by the FDCPA. All material to the allegations of this Complaint, Portfolio Recovery Associates , LLC was acting as a debt collector with respect to the collection of my allege debt. Portfolio Recovery Associates , LLC sought to collect a consumer debt from myself arising from and alleged delinquency on a debt they purchased from XXXX XXXX XXXX XXXX XXXX XXXX XXXX. when the debt was in default. The debt was incurred primarily for personal, household or family use. On XX/XX/XXXX Portfolio Recovery Associates LLC mailed a letter stating that they had purchased an alleged debt ( The Letter is attached Exhibit A ) which also had an enclosed letter ( The Letter is attached Exhibit B ) from XXXX XXXX XXXX stating that the debt was acquired by Portfolio Recovery Associates , LLC on XX/XX/XXXX of XXXX. Portfolio Recovery Associates LLC, was notified of my dispute of alleged debt in ( The Letter attached is Exhibit C ) through Certified USPS ( The Letter is attached Exhibit D ) .In reference to ( The Letter is attached Exhibit A ) & ( The Letter is attached Exhibit B ) does not adhere to : 15 U.S.C. 1692g ( a ) states : Validation of debts. ( a ) Notice of debt, contents. Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing- ( 1 ) the amount of the debt. ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumers written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. Nor does it adhere to : 15 U.S.C. 1692e ( 10-11 ) which states : A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : xxxx ( 10 ) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. ( 11 ) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action. Portfolio Recovery Associates , LLC Letter is therefore misleading and confusing as the letter states that it is not attempting to collect a debt. Also failing as required by15 U.S.C. 1692g, which, by statute, is only to be given to the consumer within 5 days of the initial communication in connection with the collection of any debt a Verification Notice. Portfolio Recovery Associates , LLC statement This communication is from a debt collector but is not an attempt to collect a debt. Contradicts ( The Letter is attached Exhibit E ) stating this communication is from a debt collector and is an attempt to collect a debt. With this in mind Portfolio Recovery Associates , LLC legal duties are clearly written by the FDCPA on how their interpretation of the law are required. The law is very clear on these matters of such therefore I respectfully look forward to hearing from your bureau concerning these matters.
Company Response:
State: LA
Zip: 703XX
Submitted Via: Web
Date Sent: 2022-04-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-04-01
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: XXXX, XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XX/XX/1987 ADDRESS XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX PORTFOLIO XXXX PORTFOLIO RECOV ASSOC XXXX PORTFOLIO XXXX PORTFOLIO RECOV ASSOC XXXX PORTFOLIO XXXX PORTFOLIO RECOV ASSOC XXXX Your company have violated FCRA 615 ( f ) ( 15 U.S.C. 1681m ( f ) ) ( f ) Prohibition on sale or transfer of debt caused by identity theft You have not responded to my request to provide me with an investigation report. I need this resolve, under the Fair Credit Reporting Act, these disputed items may not appear on my credit report if they can not be supported by any evidence ( 1 ) In general No person ( company ) shall sell, transfer for consideration, or place for collection a debt that such person has been notified under section 1681c-2 of this title has resulted from identity theft. ( 2 ) Applicability The prohibitions of this subsection shall apply to all persons collecting a debt described in paragraph ( 1 ) after the date of a notification under paragraph ( 1 ). ( 3 ) Rule of construction Nothing in this subsection shall be construed to prohibit -- ( A ) The repurchase of a debt in any case in which the assignee of the debt requires such repurchase because the debt has resulted from identity theft ; ( B ) the securitization of a debt or the pledging of a portfolio of debt as collateral in connection with a borrowing ; or ( C ) the transfer of debt as a result of a merger, acquisition, purchase and assumption transaction, or transfer of substantially all of the assets of an entity. A person that furnishes information to any consumer reporting agency shall have in place reasonable procedures to respond to any notification that it receives from a consumer reporting agency under section 1681c-2 of this title relating to information resulting from identity theft, to prevent that person from refurnishing such blocked information. The reference items are listed below please take this matter very serious PORTFOLIO XXXX PORTFOLIO RECOV ASSOC XXXX PORTFOLIO XXXX PORTFOLIO RECOV ASSOC XXXX PORTFOLIO XXXX PORTFOLIO RECOV ASSOC XXXX I have report your company to consumerfinance.gov As a form of record and I am prepare to sue your company Example In re Portfolio Recovery Associates , LLC XXXX XXXX XXXX XXXX XXXX, Case No. XXXX, in the XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Stop collection proceedings against me Signatures on applications and accounts Investigators report XXXX, XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XX/XX/1987 ADDRESS XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX
Company Response:
State: FL
Zip: 32608
Submitted Via: Web
Date Sent: 2022-04-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-04-01
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: On XX/XX/XXXX, I ran my credit report and noticed Portfolio Recovery Associates is on my report twice. One account number is for the amount of {$1200.00}. I contacted Portfolio Recovery Associates by mail on XX/XX/2022 requesting validation of debt. They sent two statements with an incorrect address on the statements. I have contacted them 3 more times for more information, including the original signed contract with XXXX XXXX. The letters were sent XX/XX/2022, XX/XX/2022, XX/XX/2022 and finally XX/XX/2022. They have failed to send this repeatedly and is still reporting on my credit report. They continue to only send a few months of statements with a business address on it that I never received mail at.
Company Response:
State: WI
Zip: 545XX
Submitted Via: Web
Date Sent: 2022-04-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-03-31
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: I have repeatedly asked for evidence to support inaccurate information being reported on my credit file from XXXX, XXXX and XXXX. The debt collection agency has failed to provide viable evidence substantiating their claim. The following debt collection agencies have not complied which in addition is a violation of the Fair Credit Reporting Act 611 ( a ) ( 7 ). Portfolio Recovery Associates PYOD Cavalry Portfolio Services
Company Response:
State: PA
Zip: 190XX
Submitted Via: Web
Date Sent: 2022-03-31
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-04-01
Issue: Communication tactics
Subissue: Frequent or repeated calls
Consumer Complaint: Multiple phone numbers claiming I owe an old debt. Ask for my personal info. I requested a debt validation they asked for my address. This company is not reporting to the credit bureau and cant provide a debt validation with out me giving my personal info first. I requested they do not contact me several times.
Company Response:
State: MO
Zip: 640XX
Submitted Via: Web
Date Sent: 2022-04-01
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A