Consumer complaint received 2021-10-26
Company: PORTFOLIO RECOVERY ASSOCIATES INC
State: MD
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
I, XXXX XXXX give authorization for Portfolio Recovery Associates to move forward with this compliant. First, Portfolio Recovery Associates is a 3rd party creditor. I never signed an agreement with this creditor. Portfolio Recovery Associates is not the original creditor. 18 U.S. Code 1341. They are also claiming this alleged debt was late, when this is a duplicate account. Per 15 U.S. Code 1692e. False and misleading representation which states, a debt collector may not any false, deceptive or misleading representation or means in connection with the collection of any debt. 
Also, without limiting the general application of the foregoing, the following conduct is a violation of this section ( 1 ) The false representation or implication that the debt collector is vouched for, bonded by or affiliated with the United States or any State, including in the use of any badge, uniform, or facsimile thereof ( 2 ) The false representation of the character, amount or legal status of any debt or any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. Also, the false representation or implication that any individual is an attorney or that any communication is from an attorney.

Next, the representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person. In addition, per 15 U.S. Code 1666, Portfolio is attempting to collect on an alleged that has already been paid. Again, I have never consented to doing any type of business with this company and the fact that they have obtained my personal information as a federally protected consumer is yet another violation pursuant 15 U.S Code 1692c. If I have a contract with two wet signatures with this company please have them submit that document to me. Not an application or agreement, a contract with Portfolio Recovery. I also sent this company a notarized affidavit which if not true they are to rebut every single point of that affidavit, that in fact was ignored. ( Exhibit A and Exhibit B ) They have violated several Federal laws. On XX/XX/2021, I sent correspondence indicating them to cease communication. 15 US. Code 1692c, they ignored my request.

Another violation was from FDCPA ( Fair Debt Collection Practice Act ) 15 U.S. Code 1692 ( d ) Harassment or abuse which states ( 1 ) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.

( 2 ) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.

( 3 ) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 1681a ( f ) or 1681b ( 3 ) [ 1 ] of this title. My financial reputation was tarnished due to this derogatory item reflecting on my consumer credit report. The use of obscene language ensued was when this company alleged that I am required to pay this alleged debt. There was also no prior communication by me ( consumer ) which violates 15 U.S. 1692c. Finally, as per the exclusion section of 15 U.S Code 1681a ( 2 ) Aiii, it clearly states the following : The consumer report does not include communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated to direct that such information is not communicated among such persons.

I never gave Portfolio Recovery my consent to report this alleged debt to my consumer credit report. Lastly, there were several deceptive and unfair practices by this company per 16 CFR 433.2. I also indicated to them that I was a victim of the XXXX data breach, and they continue to pursue this alleged debt. In closing, I dispute this debt and ALL claims in accordance of 16 CRF 433.2, Title 15 USC 1692, Regulations Z, Regulations M and ALL applicable UCC Articles

Company response to consumer: Closed with explanation