Consumer complaint received 2024-10-09
Product: Debt collection — Credit card debt
Issue: Took or threatened to take negative or legal action — Threatened or suggested your credit would be damaged
Company: PORTFOLIO RECOVERY ASSOCIATES INC (GA)

Subject : Notice of Violation of FCRA Rights and Demand for Remedy [ XXXX XXXX ] [ XXXX XXXX XXXX XXXX ] [ XXXX, GA, XXXX ] [ Email Address ] [ Phone Number ] [ XXXXXXXX  ] To : [ PORTFOLIO RECOVERY ASSOCIATES LLC et al ] XXXX XXXX XXXX ] XXXX, VIRGINIA Re : Violation of Fair Credit Reporting Act ( FCRA ) Rights and Abuse of Statutes Dear PORTFOLIO RECOVERY ASSOCIATES LLC ], I am writing to formally notify you of violations of my rights under the Fair Credit Reporting Act ( FCRA ), specifically concerning your abusive and fraudulent means used to obtain and manipulate certified debt statuses. Your conduct appears to have been carried out in furtherance of your collection efforts, in direct contravention of FCRA statutes. 

Under the FCRA, consumers are protected from false, misleading, or fraudulent reporting and actions related to their credit information. The following abuses have been observed : Fraudulent manipulation or certification of debt statuses. 
Unlawful means employed to secure or misuse certified debt information in order to support unlawful collection activities. 
Abusive methods used to threaten or coerce repayment based on falsified debt records. 

Such actions violate the FCRA, including but not limited to the following statutory provisions : 1. 15 U.S.C. 1681b : Governing permissible purposes for accessing consumer reports.

2. 15 U.S.C. 1681s-2 ( a ) : Prohibiting the furnishing of inaccurate information.

3. 15 U.S.C. 1681n : Imposing civil liability for willful noncompliance with the 4. Correct any inaccuracies in my credit file caused by your unlawful actions and provide written confirmation of these corrections.

5. Refrain from any further violations of my FCRA rights in connection with debt collection efforts. 

I demand that you immediately cease all unlawful practices, correct any inaccuracies in my credit file, and provide a detailed explanation of your actions. Furthermore, I request that you remedy these violations within 30 days of this notice to avoid further legal action, which may include reporting to regulatory agencies or seeking statutory damages for your non-compliance with FCRA regulations. 

Failure to take appropriate action may result in legal proceedings to enforce my rights under the FCRA, including seeking damages for willful or negligent violations. 

Please confirm receipt of this notice and provide a written response detailing the steps you will take to rectify this situation by [ Insert Deadline Date ]. 

Thank you for your immediate attention to this matter. I look forward to your prompt and thorough resolution of these issues. 

Sincerely, [ XXXX XXXX ] [ XXXX XXXX ] [ XXXX XXXX XXXX XXXX XXXX ] [ XXXX, GA, XXXX ] [ XXXX ] XXXX ] Date : [ XXXX ] Portfolio Recovery Associates , LLC [ XXXX XXXX XXXX. 
XXXX, VA XXXX Subject : Formal Intent to Pursue Legal Action for Violations of FCRA Provision of Inaccurate and Unverified Information to Credit Bureaus Dear Portfolio Recovery Solutions, I am writing to formally notify your company of my intent to pursue legal action due to the continued violations of my rights under the Fair Credit Reporting Act ( FCRA ). Portfolio Recovery Associates has provided inaccurate and unverified information to credit bureaus regarding an alleged debt. Despite my formal disputes, you have not conducted a reasonable investigation, and instead, have proceeded to maliciously attack my credit by issuing further negative and derogatory statements to the credit bureaus. These actions constitute a clear violation of the FCRA and have caused significant harm to me as a consumer. 

Background and Violations : The following are the specific allegations and violations committed by Portfolio Recovery Solutions : 1. Provision of Inaccurate and Unverified Information ( 623 of FCRA - 15 U.S.C. 1681s-2 ) : Your company has continuously reported inaccurate and unverified information to credit reporting agencies despite the fact that the debt in question has been disputed and no reasonable verification has been provided to substantiate the validity of the debt. 
2. Failure to Conduct a Reasonable Investigation ( 611 of FCRA - 15 U.S.C. 1681i ) : Following my dispute, Portfolio Recovery Associates failed to perform a reasonable investigation to determine the validity of the debt. Instead, you maliciously verified false and misleading information, causing undue harm to my credit report. 
3. Willful and Malicious Violation of Consumer Rights : Instead of resolving the matter upon dispute, your company has proceeded to issue negative and derogatory statements to credit bureaus, compounding the injury caused by the original inaccurate reporting. This conduct is not only negligent but reflects a willful disregard for my rights under the FCRA and amounts to malicious behavior with the intent to cause further harm. 

Consumer Injuries : As a result of Portfolio Recovery Associates gross misconduct, I have suffered the following injuries : Damage to my credit score, which has caused me to be denied credit, loans, and other financial services. 
Emotional distress and anxiety due to the malicious pursuit of this inaccurate and unverified debt. 
Financial harm, including higher interest rates and lost opportunities for credit approval. 

Demand for Resolution : In order to resolve this matter without further legal action, I demand that Portfolio Recovery Associates : 1. Immediately cease all reporting of the disputed debt to the credit reporting agencies. 
2. Correct and remove any negative, inaccurate, and derogatory statements associated with this debt from my credit report. 
3. Provide written confirmation that this debt will no longer be pursued and that the negative items have been removed from all credit reporting agencies. 
4. Compensate me for the financial and emotional damages caused by your companys reckless and malicious actions. 

Intent to Litigate : If you fail to respond to this letter and resolve the matter within 15 days of receipt, I will proceed with filing a lawsuit against Portfolio Recovery Associates LLC for violations of the FCRA. The relief sought will include : Statutory damages up to {$1000.00} per violation. 
Actual damages for the financial harm and emotional distress caused by your companys actions. 
Punitive damages for willful and malicious violations of the FCRA. 
Legal costs and attorneys fees. 

I urge you to take this matter seriously and resolve the issue immediately to avoid litigation. Please treat this letter as a formal notice of intent to pursue legal action should you fail to comply. 

Sincerely, [ XXXX XXXX ]