Consumer complaint received 2024-10-18
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: PORTFOLIO RECOVERY ASSOCIATES INC (WI)

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Date : [ XX/XX/year> ] To : Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX XXXX XXXX XXXX  Subject : Formal Complaint Regarding Violations of FDCPA, FCRA, and XXXX XXXX Compliance by Portfolio Recovery Associates Account Number : [ XXXX XXXX ] CFPB Case Number : [ XXXX XXXX ] Dear CFPB Representative, I am writing to file a formal complaint regarding the ongoing violations of my rights under the Fair Debt Collection Practices Act ( FDCPA ), Fair Credit Reporting Act ( FCRA ), and XXXX XXXX compliance standards by Portfolio Recovery Associates , a debt buyer who is inaccurately reporting a debt to the credit bureaus. These violations have negatively affected my credit profile and have deprived me of my legal right to dispute the debt in a fair and timely manner.

Violations : 1. Failure to Provide Proper Notification ( FDCPA 809 ) : Under FDCPA 809, debt collectors are required to send a written notice of the debt to the consumer within five days of the initial communication. This notice must include : The amount of the debt.

The name of the creditor to whom the debt is owed.

A statement of my right to dispute the debt within 30 days.

To date, Portfolio Recovery Associates has failed to provide any certified mail notification, nor have they presented a signed receipt or proof of my acknowledgment of this debt within the legally required timeframe. This violation has denied me the opportunity to exercise my right to dispute the debt effectively.

2. Inaccurate and Incomplete Reporting to Credit Bureaus ( FCRA 15 U.S.C. 1681s-2 ) : Portfolio Recovery Associates continues to report inaccurate information regarding this debt to the credit bureaus, including but not limited to the balance owed and the status of the account. FCRA 15 U.S.C. 1681s-2 requires data furnishers to report accurate and complete information. This debt has been verified without providing me any substantiating documentation, which is a clear violation of my right to accurate credit reporting under the FCRA.

3. Failure to Validate the Debt and Provide Documentation ( FDCPA 809 ) : I requested proper validation of this debt, including any documentation that proves the debt belongs to me, and I have not received any meaningful response. Portfolio Recovery Associates, as a debt buyer, is obligated to provide validation that includes the original contract or agreement with the original creditor. They have not fulfilled this obligation and have continued to report the debt inaccurately to credit bureaus without validation.

4. Violation of XXXX XXXX Compliance : Under XXXX XXXX guidelines, which govern how information should be reported to the credit bureaus, debt collectors are required to ensure that the data being reported is accurate, complete, and in compliance with industry standards. Portfolio Recovery Associates has failed to ensure that the reporting of this account is accurate or verified, which means they are not adhering to XXXX XXXX standards. 

My Demands : because this is just crazy you guys are doing this!

1. I request that Portfolio Recovery Associates cease reporting this debt to all credit bureaus until proper validation has been provided to me, including proof of the debts ownership, the original creditors agreement, and documentation that shows I was properly notified of the debt.

2. I request proof that I was properly notified of this debt within five days of Portfolio Recovery Associates acquiring the account, in compliance with FDCPA requirements. If they believe they provided this notice, I request certified mail documentation showing my signature or proof of receipt.

3. I request that all inaccurate and incomplete reporting be immediately corrected or removed from my credit reports in compliance with FCRA and XXXX XXXX guidelines. 
4. I request that Portfolio Recovery Associates be investigated for their ongoing violations of FDCPA, FCRA, and XXXX XXXX compliance and that appropriate actions be taken against them to ensure they comply with the law moving forward.

Please keep me informed of any updates related to my complaint and the investigation into Portfolio Recovery Associates practices. I trust that the CFPB will take the necessary steps to ensure that my rights are protected and that debt collectors and credit bureaus are held accountable for their actions. 

Sincerely, XXXX XXXX XXXX