Consumer complaint received 2019-09-16
Company: PORTFOLIO RECOVERY ASSOCIATES INC
State: MA
Product: Debt collection
Sub-product: Credit card debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
This complaint is based on violations of the FCRA, the FDCPA and the Massachusetts Consumer Protection Act 940 CMR sec. 7 and MGL Chapter 93A sec. 2 by Portfolio Recovery Associates ( PRA ). 

___ On XX/XX/2019, I reviewed my credit report and saw a collection account reported by PRA in the amount of {$230.00}.

___ On XX/XX/2019, I mailed to PRA a request for validation of debt. I requested all of the materials required by Massachusetts law and the FDCPA. PRA received my letter on XX/XX/2019 via certified mail receipt number XXXX XXXX XXXX XXXX XXXX. I have attached a copy of that letter. 

___ On XX/XX/2019, I disputed the account thru the credit bureaus. My dispute included the following : I am not responsible for this account AND [ PRA ] failed to validate the debt by not providing the required materials under Massachusetts law and the FDCPA. 

___ Despite the failure and/or refusal of PRA to validate the debt, they falsely instructed the credit bureaus that the account was verified in order to wrongly prevent its removal from my credit report. 

___ On XX/XX/2019, nearly six ( 6 ) months later, PRA mailed me so-called validation of debt, where the amount they demanded was more than the credit card statement they provided in their alleged proof that the debt was owed.

___ The facts show that PRA falsely verified a balance with the credit bureaus of {$230.00} when the statement they provided shows a balance of {$220.00}. Further, PRA clearly did not have the statement in their possession to substantiate their credit reporting until several months later as evidenced in their delay in providing that statement. In a recent FCRA decision against another debt buyer who verified information to a credit bureau without account-level documentation, the court ruled as follows : A jury could also find that because [ the buyer ] retained the right to seek account-level documentation through its agreements with [ the sellers ] [ it ] behaved unreasonably when it reported the accounts as verified without first exercising those rights. Hinkle v. Midland Credit Management , Inc., et al No. 3:2013cv00033 ( S.D. Ga. 2015 ). 

XXXX Not only did PRA provide evidence that they were overbilling me, they also did not provide me with the remaining materials that would validate the debt as required by state and federal law. 

___Based on the aforementioned facts ( and supported by the attached Exhibit ), PRAs conduct includes the following : XXXX_ ( a ) Violation of the FDCPA 15 USC 1692g ( b ) in that PRA failed to cease collection of the debt without providing me verification of the debt that was consistent with the amount they demanded. 

___ ( b ) Violation of Mass. law 940 CMR 7.08 ( 2 ) ( a ) and MGL c.93A sec . 2 for continuing collection activity while failing to provide me copies of any papers bearing my signature.

___ ( c ) Violation of Mass. law 940 CMR 7.08 ( 2 ) ( b ) and MGL c.93A sec . 2 for continuing collection activity while failing to provide me a full transaction history itemizing the alleged debt.

___ ( d ) Violation of 15 USC 1632 ( d ) ( 1 ) for failing to provide me with a copy of the credit card agreement, or a link to the agreement on an internet site such as the CFPB cardholder database.

___ ( e ) Violation of the FDCPA 15 USC 1692e ( 2 ) ( A ) in that they misrepresented the character, amount, or legal status of the debt.

___ ( f ) Violation of the FDCPA 15 USC 1692e ( 8 ) in that they communicated credit information which is known or should be known to be false.

___ ( g ) Violation of the FCRA 15 USC 1681s-2 ( b ) ( 1 ) ( A ) in that they failed to conduct a reasonable investigation of my dispute thru the credit bureaus.

___ ( h ) Violation of the FCRA 15 USC 1681s-2 ( b ) ( 1 ) ( B ) in that they failed to consider all relevant information provided in my dispute to the credit bureaus.

___ ( i ) Violation of the FCRA 15 USC 1681s-2 ( b ) ( 1 ) ( E ) in that they failed to modify, delete, and/or permanently block the reporting of inaccurate or unverified information on my credit reports.

Company response to consumer: Closed with explanation