Consumer complaint received 2022-04-01
Company: PORTFOLIO RECOVERY ASSOCIATES INC
State: LA
Product: Debt collection
Sub-product: Credit card debt
Issue: Written notification about debt
Sub-issue: Notification didn't disclose it was an attempt to collect a debt

Complaint:
I am writing in reference to Portfilo Recovery Associates, LLC who regularly collect debts for other parties and is a debt collector as defined by the FDCPA. All material to the allegations of this Complaint, Portfolio Recovery Associates , LLC was acting as a debt collector with respect to the collection of my allege debt. Portfolio Recovery Associates , LLC sought to collect a consumer debt from myself arising from and alleged delinquency on a debt they purchased from XXXX XXXX XXXX XXXX XXXX XXXX XXXX. when the debt was in default. The debt was incurred primarily for personal, household or family use. 
On XX/XX/XXXX Portfolio Recovery Associates LLC mailed a letter stating that they had purchased an alleged debt ( The Letter is attached Exhibit A ) which also had an enclosed letter ( The Letter is attached Exhibit B ) from XXXX XXXX XXXX  stating that the debt was acquired by Portfolio Recovery Associates , LLC on XX/XX/XXXX of XXXX. Portfolio Recovery Associates LLC, was notified of my dispute of alleged debt in ( The Letter attached is Exhibit C ) through Certified USPS ( The Letter is attached Exhibit D ) .In reference to ( The Letter is attached Exhibit A ) & ( The Letter is attached Exhibit B ) does not adhere to : 15 U.S.C. 1692g ( a ) states : Validation of debts. 

( a ) Notice of debt, contents. Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing- ( 1 ) the amount of the debt.

( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumers written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

Nor does it adhere to : 15 U.S.C. 1692e ( 10-11 ) which states : A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : xxxx ( 10 ) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. 

( 11 ) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.

Portfolio Recovery Associates , LLC Letter is therefore misleading and confusing as the letter states that it is not attempting to collect a debt. Also failing as required by15 U.S.C. 1692g, which, by statute, is only to be given to the consumer within 5 days of the initial communication in connection with the collection of any debt a Verification Notice. Portfolio Recovery Associates , LLC statement This communication is from a debt collector but is not an attempt to collect a debt. Contradicts ( The Letter is attached Exhibit E ) stating this communication is from a debt collector and is an attempt to collect a debt. With this in mind Portfolio Recovery Associates , LLC legal duties are clearly written by the FDCPA on how their interpretation of the law are required. 
The law is very clear on these matters of such therefore I respectfully look forward to hearing from your bureau concerning these matters.

Company response to consumer: Closed with explanation