Consumer complaint received 2024-10-11
Product: Debt collection — Credit card debt
Issue: Written notification about debt — Didn't receive enough information to verify debt
Company: PORTFOLIO RECOVERY ASSOCIATES INC (FL)

ubject : Urgent Request for CFPB Intervention Insufficient Debt Validation, Privacy Violation, and Time-Barred Debt To Whom It May Concern, I am writing to follow up on my complaint regarding Portfolio Recovery Associates ( PRA ). While PRA did provide me with a billing statement, this response does not fully satisfy the requirements for proper debt validation under the Fair Debt Collection Practices Act ( FDCPA ). A statement alone does not confirm that PRA is legally authorized to collect this debt or provide a full breakdown of how the debt amount was calculated. 

Under 15 U.S.C. 1692g ( b ) of the FDCPA, PRA is required to provide : 1. Proof that the debt belongs to me, which may include a more detailed explanation than just a billing statement ; 2. A full breakdown of how the debt was calculated, including any interest, fees, or charges applied to the original balance ; 3. Proof that PRA is legally authorized to collect this debt, such as documentation showing the assignment of the debt or their authority to collect on behalf of the original creditor. 

The billing statement provided does not address these critical points, and PRAs failure to provide this additional documentation violates the FDCPA. Furthermore, I would like to highlight several relevant cases that reflect PRAs history of noncompliance : 1. CFPB vs. Portfolio Recovery Associates , LLC ( 2015 ) : The CFPB fined PRA {$19.00} million for violations, including failing to properly validate debts. This case reflects their ongoing pattern of not providing accurate documentation, which is similar to my situation. 
2. Vassalle v. Portfolio Recovery Associates , LLC ( 2012 ) : PRA was part of a {$59.00} million settlement in a class-action lawsuit for using false affidavits in their debt collection efforts. This history of using questionable documentation is concerning and mirrors my current issue. 
XXXX. Portfolio Recovery Associates , LLC v. King ( 2011 ) : PRA failed to provide sufficient validation, and the court ruled in favor of the consumer. In my case, their current documentation is similarly insufficient. 

Additionally, I am deeply concerned that XXXXRA included the last four digits of my Social Security number in public communications related to this dispute. This is a clear violation of privacy, and under privacy regulations, such sensitive information should never be publicly disclosed. 

It is important to note that this debt is time-barred under XXXX statute of limitations for credit card debt, which is XXXX XXXX. My last payment on this account was made in XX/XX/XXXX, meaning the statute of limitations expired in XX/XX/XXXX. PRA can no longer legally sue to collect this debt, and its continued reporting is further damaging my credit. 

Furthermore, PRAs continued reporting of this unresolved and unvalidated debt is negatively impacting my credit score, violating the Fair Credit Reporting Act ( FCRA ). Under the FCRA, creditors and collectors must ensure that the information they report is accurate, and this unvalidated debt should not continue to be reported. 

I am requesting that the CFPB intervene to enforce PRAs compliance with the FDCPA and FCRA. Specifically, I ask that PRA either provide the full required validation or remove the collection account from my credit report immediately. Additionally, I ask that PRA be held accountable for the privacy violation and take corrective action. 

Thank you for your attention to this matter.