Consumer complaint received 2020-04-14
Company: PORTFOLIO RECOVERY ASSOCIATES INC
State: MA
Product: Debt collection
Sub-product: Credit card debt
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
I, XXXX XXXX have tried to protect my rights under the Fair Credit Reporting Act ( FCRA ), the Fair and Accurate Credit Transactions Act ( FACTA ), and the Fair Debt Collection Practices Act ( FDCPA ). The damages done to me under a legitimate identity theft claim in unprecedented. I am a XXXX XXXX XXXXXXXX, working XXXX XXXX raising children to believe in the American system. Yet, national banks can make moves against me as an individual for collection on debts that could have easily been made whole by filing claims through the Federal Deposit Insurance Corporation ( FDIC ). In XXXX I did everything by the book by submitting an identity claim filed with my local police department, stating that a family friend had acquired several of my credit cards, and ran them up on charges without my knowledge. Identity theft is a federal crime, 18 U.S. Code 1028A. Aggravated identity theft, see recent USA v. Soffan ( 3:19-cr-30004 ), Massachusetts District Court , Filed : XXXX. This individual received several years in federal prison as a sentence and hundreds of thousands of dollars in restitution for the same crime procured against me. Yet, the person who committed identity theft against me has never been question by a federal agent or arrested for a malicious crime where I along with my entire family has been financially harmed. The national banks on the other hand have been in a position to erase these debs against me through a claim under the Fair and Accurate Credit Transaction Act. His law was implemented in 2003 by the United States Congress as a protective means against identity theft, yet it has little effect in general. The local Soffan case is an example, identity theft is run on a rather large scale in my general region. My research has shown that each of these credit card debts went through several stages, or at least should have gone through before any legitimate collection process could begin. That criteria are as follows : 1 ) My original credit approval submitted a credit card in my name for usage in purchasing goods and services.

2 ) The line of credit was packaged into a securitization in a pooling and servicing agreement, governed through the Securities and Exchange Commission, and sold off as secured receivables through such pooling and servicing agreements, normally in the one billion dollar amounts or greater, particular securitization not researched. When any credit card went 120-days into default, then under Regulation 5000 the account is classified as sub-standard charge off status. Upon that time the receivable is reversed out of any securitized trust, WILLARD v. BANK OF AMERICA, CIVIL ACTION NO. 16-01199, and the original lending party become responsible for payment enforcement, unless the original debt is sold to a third-party under guidelines of Henson v. Santander Consumer USA, NA., whereas if that was the case then my rights under FDCPA are VOID. ( See Attached US Supreme Court Decision XXXX XXXX XXXX

3 ) All banks in my identity theft took zero action to see that the person responsible be brought to justice like Mr. Soffan. I believe that racism has played a major part in not protecting my rights under the Fair and Accurate Credit Transactions Act ( FACTA ), and the Fair Debt Collection Practices Act ( FDCPA ). This is not acceptable under any circumstances. 
4 ) I will submit a complaint to the Massachusetts Office of Attorney General as well as the National Association for the Advancement of Colored People, XXXX XXXX XXXX, as I can prove that the lack of honesty in going through protocol was ignored based upon my race. 
5 ) At all times since the original creditor was reassigned ownership of these debts from a securitized trust did any of the bank concerns, or collection agencies file a claim with the Federal Deposit Insurance Corporation ( FDIC ), but the same banks had no problem destroying my personal credit rating, making it impossible for me to obtain mortgage approval to buy a home in a safe neighborhood.

6 ) These debt collections must be deleted permanently from all pertinent credit reporting agencies. All securitizations are self-insured through their credit ratings, insuring a premium on each pooling agreement package that is 100 % profit to all banks packaging securitizations. I filed an identity theft claim with all national banks, and I was ignored completely. I demand the removal of theses collections, the purging of my information on file, and a cease and desist from any further collection attempt, including but no limited to calls made to my cell phone and employment. 
XXXX XXXX

Company response to consumer: Closed with non-monetary relief