Consumer complaint received 2022-01-25
Company: PORTFOLIO RECOVERY ASSOCIATES INC
State: IL
Product: Debt collection
Sub-product: Credit card debt
Issue: Communication tactics
Sub-issue: Used obscene, profane, or other abusive language

Complaint:
I am responding back from a previous complaint that I did not get a chance to follow up with regarding portfolio recovery. 

I had 60 days to give feedback and respond and yesterday was the 60th day. Due to a few deaths in the family I was not able to keep up and respond appropriately so I am asking that this investigation be re opened and I am looking to seek damages due to abusive and unfair debt collection practices from portfolio Recovery. 

Attached I have the letter I sent to Portfolio recovery along with proof of phone records that they called me more than once about my husband and told me he owed a debt which is prohibited under the fdcpa and a host of other laws that they broke while calling me regarding my husband 's debt. 

for starters Portfolio you never addressed the fact you were in violation of 15 usc 1692B 1 which states when calling you are required to state you are confirming or correcting location information. Both times you called my phone on XX/XX/XXXX and XX/XX/XXXX and not once did you state that to me. If you feel you did please send an affidavit OF TRUTH NOTARIZED by your execuitve of Portfolio stating you did so on both calls. I demanded payment for these violations. 

Second, once again Portfolio has violated 15 usc 1692b ( 2 ) by calling me and stating that my husband owed a debt with XXXX XXXXXXXX. Portfolio you are not allowed under law pursuant to 15 usc 1692b under this subchapter to discuss a debt with anyone other than the person who owes the debt. You are in violation of this law on XX/XX/2021 and XX/XX/2021 and I demand you to pay me and my husband for these violations. unless you are able to make an affidavit of truth that is notarized by an executive of Portfolio stating that you did not discuss this with me and giving the law that gives you the right to discuss debts and say a consumer owes a debt with a spouse. I demand payment for these violations.

third, 15 usc 1692b ( 3 ) states that a debt collector can not contact any such person more than once unless you were given permission to do so. Portfolio called me on XX/XX/2021 and then XX/XX/2021, you did not have my permission to contact me and I told you on XX/XX/XXXX to stop calling me. You are in violation of this law and I demand you to pay for the damages. unless you can provide an affidavit of truth notarized by an executive of Portfolio stating that I did give you permission to call and that I did not say to not call me anymore. 

fourth, this subchapter of the FDCPA ; " 15 usc 1692C '' says that a consumer includes a spouse. So when I was being contacted I became my husband since I am his spouse. also 15 usc 1692c ( a ) ( 1 ) says that a debt collector can not contact a consumer without their prior consent and at an unusual time. When Portfolio contacted me on XX/XX/2021 they never had my prior permission to contact me and during that call I told them to stop calling me. So when Portfolio called me on XX/XX/XXXX they called me after the fact I told them to stop calling me and by doing so they called me an unusual time, because at this point, no matter if they did call after XXXX XXXX or XXXX XXXX my time, the time still would have would've been an unusual time for me and : portfolio could not assume due to the fact I informed them to stop calling me a few months ago prior. Which makes Portfolio recovery guilty of committing these abusive debt collection tactics towards me ad XXXX demand to be paid for these violations. 


attach I will submit the response from portfolio and all of the previous attachments I sent back in XXXX. I am demanding remedy in the form of payment.

Company response to consumer: Closed with explanation