Consumer complaint received 2021-01-29
Company: PORTFOLIO RECOVERY ASSOCIATES INC
State: NV
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
PORTFOLIO RECOVERY ASSOCIATES LLC XXXX XXXX XXXX XXXX VA XXXX RE : Alleged Account of Pursuant to the Fair Debt Collection Practices Act, Section 809 ( b ), Validating Debts : If the consumer notifies the debt collector in writing that the debt, or any portion thereof, is disputed,, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, and a copy of such verification or judgment is mailed to the consumer by the debt collector. It would be advisable that you and your client assure that your records are in order before you filed legal action. 

809. Validation of debts ( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment and a copy of such verification or judgment is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor. 

Portfolio Recovery Associates is in Violation of my FDCPA rights by continuing to pursue legal action against me even though I continued to dispute this debt and advised them that this debt is fraudulent. Per FDCPA 809 ( B ) the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, and a copy of such verification or judgment is mailed to the consumer by the debt collector. My first and last name and the last four of my SSN is not Validation. Portfolio Recovery is not able to provide ALL documents listed below.

CREDITOR/DEBT COLLECTOR DECLARATION : Agreement that bears the signature of the alleged debtor wherein he/she agreed to pay the creditor. 
Any insurance claims been made by any creditor regarding this account. 
Any Judgments obtained by any creditor regarding this account. 
Verification that this debt was assigned or sold to collector. 
Complete accounting of alleged debt. 
Commission for debt collector if collection efforts are successful. 

I am asserting my rights under the federal and state Fair Debt Collection Practices Acts and the Fair Credit Reporting Act, including these rights : I have disputed this fraudulent debt in writing, you must obtain verification of the debt or a copy of the judgment against me, because you failed to produce these items for verification before you took legal action you are in violation of my FDCPA rights, I XXXX XXXX, the consumer was still disputing this fraudulent account until XX/XX/2020 after Portfolio Recovery Associates LLC filed a lawsuit against me on XX/XX/2020. Any attempt to collect this debt without validating it, violates the FDCPA. Also be advised that I am keeping accurate records of all correspondence from you and your company. I have disputed this debt, therefore, until it is validated, your information concerning this debt is assumed to be inaccurate. Accordingly, reporting information that you know to be inaccurate or failing to report information correctly violates the Fair Credit Reporting Act 1681s-2. Should you pursue a judgment without validating this debt, I will inform the judge and request that the case be dismissed based on your failure to comply with the FDCPA.

811. Legal actions by debt collectors ( a ) Venue Any debt collector who brings any legal action on a debt against any consumer shall -- ( 1 ) in the case of an action to enforce an interest in real property securing the consumer 's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located ; or ( 2 ) in the case of an action not described in paragraph ( 1 ), bring such action only in the judicial district or similar legal entity -- ( A ) in which such consumer signed the contract sued upon ; or ( B ) in which such consumer resides at the commencement of the action.

Portfolio Recovery is in Violation of FDCPA section 811 by filing legal action against me without providing a signed application or contract of which the debt collector is suing for.

PER NRS97A.160Records required in action to collect debt : Establishment of liability and amount ; authentication ; retention. 
1.Notwithstanding the provisions of chapter 52 of NRS, in any action brought to collect a debt owed to an issuer : ( a ) The issuer may establish that the cardholder is contractually liable for the debt owed by submitting the written application for a credit card account submitted to the issuer by the cardholder Per NRS 97A 150 3.Any person, other than the cardholder or an authorized user, is liable for all charges the person incurs on the credit card account of the cardholder, except for the amount for which the cardholder is liable pursuant to 15 U.S.C. 1643.

4.Any person who causes an issuer to open a credit card account based on a false or fraudulent application is liable to the issuer for all charges incurred on the account, without regard to whether the charges were authorized by the person responsible for opening the account. 

Per FCRA, All furnishers must have in place reasonable procedures to respond to notifications from CRAs that information furnished is the result of identity theft, and to prevent refurnishing the information in the future. A furnisher may not furnish information that a consumer has identified as resulting from identity theft unless the furnisher subsequently knows or is informed by the consumer that the information is correct. Section 623 ( a ) ( 6 ). If a furnisher learns that it has furnished inaccurate information due to identity theft, it must notify each consumer reporting agency of the correct information and must thereafter report only complete and accurate information. Section 623 ( a ) ( 2 ). When any furnisher of information is notified pursuant to the procedures set forth in Section 605B that a debt has resulted from identity theft, the furnisher may not sell, transfer, or place for collection the debt except in certain limited circumstances. Section 615 ( f ).

Therefore, I the consumer advised Portfolio Recovery Associates that this is not my account and the account is in fact Fraudulent. Portfolio Recovery Associates is required to provide a written agreement, application or contract signed by me, proving I obtained this credit card.

813. Civil liability ( a ) Amount of damages Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of -- ( 1 ) any actual damage sustained by such person as a result of such failure ; ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00} ; or ( B ) in the case of a class action, ( i ) such amount for each named plaintiff as could be recovered under subparagraph ( A ), and ( ii ) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of {$500000.00} or 1 per cent of the net worth of the debt collector ; and ( 3 ) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney 's fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney 's fees reasonable in relation to the work expended and costs.

Therefore, Portfolio Recovery Associates LLC is in Violation of my FDCPA rights I am entitled to sue for damages and unlawful and unethical practices.

Company response to consumer: Closed with explanation