Consumer complaint received 2024-10-03
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Was not notified of investigation status or results
Company: PORTFOLIO RECOVERY ASSOCIATES INC (CA)

XXXX XXXX XXXX XXXX XXXX XXXX XXXX, CA XXXX XXXX XX/XX/year> Consumer Financial Protection Bureau ( CFPB ) XXXX XXXX XXXX XXXX, IA XXXX Subject : Complaint Against Portfolio Recovery Associates LLC for Violations of Debt Collection and Consumer Privacy Laws To Whom It May Concern : I am writing to file a formal complaint against Portfolio Recovery Associates LLC ( `` Portfolio Recovery '' ) for its repeated violations of the Fair Debt Collection Practices Act ( FDCPA ), Fair Credit Reporting Act ( FCRA ), and California consumer protection laws. These violations pertain to Portfolio Recoverys failure to validate an alleged debt, their illegal collection efforts, and inaccurate reporting of the debt to credit bureaus, all of which violate my rights as a consumer. 
Summary of Violations : On XX/XX/year>, I sent a certified letter to Portfolio Recovery requesting validation of an alleged debt and disputing the accuracy of any related information reported to credit agencies. This letter also contained a cease-and-desist demand. Despite these formal requests, Portfolio Recovery has failed to comply with federal and state laws governing debt collection, credit reporting, and consumer privacy. 
Violations Committed by Portfolio Recovery : 1. Failure to Validate the Debt : Under 15 U.S.C. 1692g ( b ) of the FDCPA, Portfolio Recovery is required to provide a detailed validation of the debt within 30 days of my request, including proof of the original agreement and a breakdown of the alleged amount. To date, they have failed to provide any documentation that would satisfy the requirements of federal law or California Civil Code 1788.30.

2. Inaccurate Credit Reporting : Portfolio Recovery has continued to report inaccurate information about this alleged debt to the credit bureaus. Under 15 U.S.C. 1681s-2 ( FCRA ), they are obligated to ensure that the information they report is accurate and up-to-date. Their failure to correct inaccuracies after being notified constitutes a direct violation of the FCRA and California Consumer Privacy Act ( CCPA ), California Civil Code 1798.100 et seq.

3. Illegal Collection Activity Without Validation : Portfolio Recovery is continuing to engage in debt collection activities without having properly validated the debt as required by 15 U.S.C. 1692g ( b ). Under 15 U.S.C. 1692e ( 2 ) ( A ), they are prohibited from making any further collection attempts, including selling or transferring the alleged debt to another entity, without providing the legally required proof of debt.

Relevant Laws and Statutory Penalties : 1. Fair Debt Collection Practices Act ( FDCPA ) : o 15 U.S.C. 1692g ( b ) : Failure to validate the debt within 30 days.

o 15 U.S.C. 1692c : Continued communication after a cease-and-desist request.

o Penalty : Under 15 U.S.C. 1692k, I am entitled to statutory damages of up to {$1000.00} per violation, plus actual damages and legal fees.

2. Fair Credit Reporting Act ( FCRA ) : o 15 U.S.C. 1681s-2 : Failure to correct inaccuracies in credit reporting.

o Penalty : Under 15 U.S.C. 1681n, statutory damages up to {$1000.00} per violation, in addition to actual damages and attorneys fees.

3. California Consumer Privacy Act ( CCPA ) : o California Civil Code 1798.100 et seq. : Failure to provide disclosure regarding sharing of my personal information with third parties. 
o Penalty : CCPA violations allow for statutory damages ranging from {$100.00} to {$750.00} per incident, or actual damages, whichever is greater. 
4. California Rosenthal Fair Debt Collection Practices Act ( RFDCPA ) : o California Civil Code 1788.17 : Portfolio Recoverys violations of state law reflect their broader failure to comply with FDCPA standards.

o Penalty : The penalties under the California RFDCPA are similar to the FDCPA, including statutory damages and compensation for harm caused by these violations.

Request for Action : I respectfully request the CFPB take the following actions : 1. Investigate Portfolio Recovery Associates LLC for violations of the FDCPA, FCRA, CCPA, and California RFDCPA.

2. Compel Portfolio Recovery to cease all collection efforts and delete all associated credit reporting information.

3. Impose the maximum statutory penalties for each of their violations, including statutory damages under 15 U.S.C. 1692k ( FDCPA ) and 15 U.S.C. 1681n ( FCRA ).

4. Enforce compliance with California consumer privacy and debt collection laws by requiring full disclosure of any third-party sharing of my personal data. 
Thank you for your prompt attention to this matter. I trust the CFPB will act to protect my rights as a consumer and hold Portfolio Recovery accountable for their ongoing violations. 
Sincerely, XXXX XXXX XXXX [ Your Address ]