Consumer complaint received 2024-10-17
Product: Debt collection — Credit card debt
Issue: Communication tactics — You told them to stop contacting you, but they keep trying
Company: PORTFOLIO RECOVERY ASSOCIATES INC (CA)

I will provide the letter that was sent to the company below. The issue is harrassing phone calls and that is a clear violation of my consumer rights especially after I asked them to cease. 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  Portfolio Recovery Associates Attention : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX Subject : Cease and Desist of Harassing Practices and Demand for Compensation Dear XXXX XXXX XXXX This letter serves as a formal cease and desist notice regarding your companys unlawful debt collection practices and harassing phone calls, despite multiple requests for all communication to be conducted by mail only. As of todays date, I have received XXXX phone calls, which is a clear violation of my rights under federal law. I demand immediate compensation and further actions as outlined below. 

Violations of Federal Law Gramm-Leach-Bliley Act ( 15 U.S.C. 6802 ) Your company is prohibited from sharing personal information without explicit consent. I never authorized the sharing of my personal data with your organization, nor did I sign any contract with you, making your possession and use of my personal information unlawful.

Fair Credit Reporting Act ( 15 U.S.C. 1681 ) Your unauthorized handling of my personal data is a violation of the Fair Credit Reporting Act. Despite my clear instructions, you have continued to contact me with fraudulent intent, and I demand all further communication be made in writing.

Identity Theft and Assumption Deterrence Act ( 18 U.S.C. 1028 ) Your unauthorized use of my personal identifying information is a violation of federal identity theft laws. I demand that you immediately cease any further use of my data and provide the contract you claim gives you the right to hold and use my personal information.

Telephone Consumer Protection Act ( TCPA ) 47 U.S.C. 227 Under the TCPA, each unauthorized call made to me after I requested written communication incurs a penalty of {$1500.00} per call. You have made XXXX such calls, which totals {$96000.00}. I expect a check for {$96000.00} to be issued to me within XXXX business days to settle this matter. 

Misuse of My Name My name, XXXX XXXX XXXX, and all its derivatives are protected under copyright. Unauthorized use of my name is illegal under Title 17 of the United States Code, and any usage of my name for profit or business without my consent is a violation of copyright law. You are hereby prohibited from using my name or its derivatives in any manner.

Immediate Demands Payment : I demand immediate compensation of {$96000.00} for the XXXX unauthorized and harassing phone calls you made, as per the TCPA. This payment must be sent within XXXX business days to the address listed above. 

Contract : Provide the original contract that you claim grants you the right to access and use my personal information. If you can not produce such a contract, I demand that you cease all collection activities and delete any record of my personal data. 

XXXX Form : I have requested the XXXX form from the original creditor on multiple occasions, but your company has failed to comply. I will report this failure to the Internal Revenue Service ( IRS ) for non-reporting of debt cancellation income as required by law, using whistleblower form XXXX. 

Cease Communications : All further communications must be conducted in writing only. You are hereby prohibited from contacting me via phone in any capacity. 

Additional Notifications Please be advised that I will be notifying the Securities and Exchange Commission ( SEC ), the Attorney General of California, and the Internal Revenue Service ( IRS ) regarding your companys fraudulent practices, unauthorized use of my personal information, harassment, and failure to issue a XXXX form as required by law. I am also aware that Portfolio Recovery Associates has been involved in litigation for similar faulty practices, and I will pursue legal action if necessary. 

I expect corrective action to be taken immediately, including the cessation of all further harassment, provision of the requested contract and XXXX form, and prompt payment of the {$96000.00} owed for the violations under the TCPA. 

Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX