Consumer complaint received 2024-09-23
Product: Debt collection — Credit card debt
Issue: Written notification about debt — Didn't receive enough information to verify debt
Company: PORTFOLIO RECOVERY ASSOCIATES INC (NC)

Portfolio Recovery Associates , LLC XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX I am writing in response to your companys recent response to my dispute letter dated XX/XX/XXXX for an account ending XXXX. Upon review of your many attachments, I believe there are clear violations of U.S. Code title 15 of which I will refer to as I proceed with this letter. 
First, according to 15 U.S. Code 6802 ( a ), a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party, any nonpublic personal information unless the institution provides or has provided a notice to the consumer that complies with section 6803 of the same title. To my knowledge, I have never received any such notice from XXXX XXXX XXXX  ( XXXX XXXX XXXX. 
Furthermore, under 15 U.S. Code 6802 ( b ), a financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the following conditions are met : The institution clearly and conspicuously discloses to the consumer, in writing or electronic form, that such information may be disclosed to third parties. 
The consumer is given the opportunity, before the initial disclosure, to direct that such information not be disclosed to third parties. 
The consumer is provided with an explanation of how to exercise this nondisclosure option. 
Financial institutions covered by the Gramm-Leach-Bliley Act must tell their customers about their information-sharing practices and explain to customers their right to " opt out '' if they don't want their information shared with certain third parties. Is your company following the requirements of the Privacy Rule? 
I assert that I have not been provided with any clear and conspicuous disclosure regarding the sharing of my nonpublic personal information with third parties. I further assert that I have not been given the opportunity, before the initial disclosure, to direct that such information not be disclosed to third parties. Additionally, I have not been given the opportunity to opt out of such disclosures, nor have I received any instructions on how to exercise this right. Therefore, you all have illegally and fraudulently obtained my nonpublic personal information as I did not give any financial institution or any of its affiliates permission to disclose such personal information. If you have evidence to the contrary I ask that that evidence be submitted as soon as possible. 
Further, you attached a letter stating that you mailed it to me on XX/XX/XXXX to : XXXX XXXX XXXXXXXX XXXX. I have NEVER lived at this address. Therefore, in addition to the already stated violation of US Code title 15, I am disputing the accuracy of your information and requesting a reinvestigation according to 15 U.S. Code 1681i : Procedure in case of disputed accuracy. 
( a ) Reinvestigations of disputed information ( 1 ) Reinvestigation required ( A ) In general Subject to subsection ( f ) and except as provided in subsection ( g ), if the completeness or accuracy of any item of information contained in a consumers file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph ( 5 ), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller. 
Finally, according to page 6 or your attachment this account has been charged off. According to the IRS when an account has been charged off it is now income. Income is not reported on a consumer report. 
1099-C Instructions for Creditors : When Is a Debt Canceled? A debt is deemed canceled on the date an identifiable event occurs or, if earlier, the date of the actual discharge if you choose to file Form 1099-C for the year of cancellation. An identifiable event is one of the following. 1. A discharge in bankruptcy under title 11 of the U.S. Code. For information on certain discharges in bankruptcy not required to be reported, see Exceptions, later. Enter A in box 6 to report this identifiable event. 2. A cancellation or extinguishment making the debt unenforceable in a receivership, foreclosure, or similar federal nonbankruptcy or state court proceeding. Enter B in box 6 to report this identifiable event. 3. A cancellation or extinguishment when the statute of limitations for collecting the debt expires, or when the statutory period for filing a claim or beginning a deficiency judgment proceeding expires. Expiration of the statute of limitations is an identifiable event only when a debtor 's affirmative statute of limitations defense is upheld in a final judgment or decision of a court and the appeal period has expired. Enter C in box 6 to report this identifiable event. 4. A cancellation or extinguishment when the creditor elects foreclosure remedies that by law extinguish or bar the creditor 's right to collect the debt. This event applies to a mortgage lender or holder who is barred by local law from pursuing debt collection after a power of sale in the mortgage or deed of trust is exercised. Enter D in box 6 to report this identifiable event. 5. A cancellation or extinguishment making the debt unenforceable under a probate or similar proceeding. Enter E in box 6 to report this identifiable event. 6. A discharge of indebtedness under an agreement between the creditor and the debtor to cancel the debt at less than full consideration ( for example, short sales ). Enter F in box 6 to report this identifiable event. 7. A discharge of indebtedness because of a decision or a defined policy of the creditor to discontinue collection activity and cancel the debt. A creditor 's defined policy can be in writing or an established business practice of the creditor. A creditor 's established practice to stop collection activity and abandon a debt when a particular nonpayment period expires is a defined policy. Enter G in box 6 to report this identifiable event. 8. Other actual discharge before an identifiable event. Enter H in box 6 if there is another actual discharge before one of the identifiable events listed above. 
1099-C Instructions for Debtor You received this form because a federal government agency or an applicable financial entity ( a creditor ) has discharged ( canceled or forgiven ) a debt you owed, or because an identifiable event has occurred that either is or is deemed to be a discharge of a debt of {$600.00} or more. If a creditor has discharged a debt you owed, you are required to include the discharged amount in your income, even if it is less than {$600.00}, on the Other income line of your Form 1040 or 1040-SR Again, when a debt is charged off it becomes income and income is not reported on a consumer report. Therefore, this account must be deleted from my consumer report. 
Please acknowledge receipt of this letter and provide a detailed response of the process of the reinvestigation within 30 days. Failure to comply with all of the federal laws mentioned in this letter regarding this account and the deleting of this account from my consumer report may leave me no choice but to seek remedies through appropriate legal channels. 
Thank you for your prompt attention to this matter.