Consumer complaint received 2024-03-19
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: PORTFOLIO RECOVERY ASSOCIATES INC (GA)

This my THIRD TIME REPORTING XXXX, PORTFOLIO RECOVERY ASSOCIATES and XXXX XXXX about errors on my consumer report using Private Contract Law - Uniform Commercial Code to which has been greatly ignored by ALL THREE CORPORATIONS. 

I have requested LEGAL PROOF of MY WRITTEN CONSENT showing / AUTHORIZING each corporation to report ANYTHING on my consumer reports but especially REPORTING NEGATIVE ADVERSE information to my consumer report as well as have my private non public information in their possession without MY CONSENT or AUTHORIZATION. 

Upon notice I still have not been provided any relief on how to opt out so that this does not continue. 

Despite legal requirements of reporting accurate information and ONLY AS PERMITTED per TITLE 15 US. 1681b, XXXX AUTHORIZES EACH CORPORATION, XXXX XXXX and PORTFOLIO RECOVERY to continue to report and ILLEGALLY UPDATE accounts WITHOUT MY WRITTEN CONSENT or instructions. 

ONE CHARGED OFF ACCOUNT - PORTFOLIO RECOVERY ASSOCIATES ONE CLOSED ACCOUNT WITH LATE PAYMENTS REPORTING EVERY MONTH SINCE ACCOUNT HAS BEEN CLOSED, adversely hurting my report THE MOST because XXXX  XXXX INTENTIONALLY FURNISHES negative information TO MY REPORT AS RETALIATION TO DISPUTE. XXXX XXXX is violating many of my consumer PRIVATE RIGHTS. 

DESPITE BEING CONSISTENTLY NOTIFIED TO STOP REPORTING INACCURATE INFORMATION WITHOUT MY PERMISSION and other ADVERSE INFORMATION DAMAGING MY REPORTS. XXXX XXXX and PORTFOLIO RECOVERY ASSOCIATES REFUSE TO COMPLY WITH PRIVATE LAW. 

I will need and am requesting WRITTEN PROOF OF VERIFICATION with EXPLANATION on how the account was VERIFIED as accurate to my home address from XXXX XXXX and PORTFOLIO RECOVERY ASSOCIATES. 

IF PROOF OF WRITTEN CONSENT / AUTHORIZATION is NOT PROVIDED TO ME PER THIS ADDITIONAL REQUEST, XXXX XXXXXXXX and PORTFOLIO RECOVERY ASSOCIATES WILL BE LIABLE FOR EACH ACCOUNT IN RELATION, and will NEED TO DELETE the CHARGED OFF ACCOUNT COMPLETELY, thats illegally REPORTING FROM the THIRD PARTY NON AFFILIATE - PORTFOLIO RECOVERY ASSOCIATES IMMEDIATELY. 

AS A THIRD PARTY NON AFFILIATE : PORTFOLIO RECOVERY ASSOCIATES do NOT have PERMISSIBLE PURPOSES from me the CONSUMER to furnish my information to another THIRD PARTY CONSUMER - XXXX and vice versa. 

15 USC 6802 STATES b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless c ) Limits on reuse of information Except as otherwise provided in this subchapter, a nonaffiliated third party that receives from a financial institution nonpublic personal information under this section shall not, directly or through an affiliate of such receiving third party, disclose such information to any other person that is a nonaffiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution. 
e ) General exceptions Subsections ( a ) and ( b ) shall not prohibit the disclosure of nonpublic personal information ( 1 ) as necessary to effect, administer, or enforce a transaction requested or authorized by the consumer, or in connection with ( A ) servicing or processing a financial product or service requested or authorized by the consumer ; ( B ) maintaining or servicing the consumers account with the financial institution, or with another entity as part of a private label credit card program or other extension of credit on behalf of such entity ; or ( C ) a proposed or actual securitization, secondary market sale ( including sales of servicing rights ), or similar transaction related to a transaction of the consumer ; ( 2 ) with the consent or at the direction of the consumer ( 3 ) ( A ) to protect the confidentiality or security of the financial institutions records pertaining to the consumer, the service or product, or the transaction therein ; ( B ) to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability ; ( C ) for required institutional risk control, or for resolving customer disputes or inquiries ; ( D ) to persons holding a legal or beneficial interest relating to the consumer ; or ( E ) to persons acting in a fiduciary or representative capacity on behalf of the consumer ; Late payments FROM XXXX XXXX WILL ALSO NEED TO BE DELETED AND REPORTED AS NEVER LATE 15 USC 1666b. a ) Time to make payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date. 

XXXX XXXX also do NOT have the authorization to report late payments without providing account STATEMENT. NO STATEMENTS have been ISSUED SINCE ACCOUNT CLOSED IN XXXX but XXXX XXXX IS FREQUENTLY REPORTING LATE PAYMENT TRANSACTION AS THOUGH THE ACCOUNT IS ACTIVE after I requested closure. 

I AM ALSO REVOKING ALL AUTHORIZATIONS ON MY BEHALF FROM XXXX  XXXX and for PORTFOLIO RECOVERY, CEASE and DESIST and provide proof of verification as well as proof of written consent giving authorization. 

If this information can not be provided proving VERIFICATION WITH MY WRITTEN SIGNATURE and IN A TIMELY MANNER YOU MUST REMOVE all non PERMISSIBLE and INACCURATE ADVERSE INFORMATION. 

CFPB STATES : Consumer Financial Protection Bureau ( CFPB ) and the Federal Trade Commission ( FTC ), which both enforce fair credit reporting laws, filed an amicus brief in the U.S. Court of Appeals for the Second Circuit in XXXX XXXX XXXX XXXX XXXX, to help ensure that companies that provide information to credit reporting companies comply with the law. Specifically, they must tell credit reporting companies to remove information that they can not verify after someone identifies the information as wrong. 

If a company that provided disputed information to a credit reporting agency is unable to determine whether the information is true or not, the law requires them to tell the credit reporting company the information could not be verified so that the credit reporting company will stop reporting it. Nonetheless, some companies have argued that if they are unable to determine that the disputed information is false, they are free to tell the consumer reporting company to continue providing the information on reports. 

Thats wrong, as the CFPB and FTCs brief explains. In the FCRA, Congress put express requirements on companies with respect to information that can not be verified. Those requirements would be meaningless if companies could continue providing unverified information and telling credit reporting companies that they could continue sharing it. 

The case is XXXX XXXX XXXX XXXX XXXX XXXX, XXXX. XXXX ( XXXX XXXX. ). 

15 USC 1681b UNIFORM COMMERCIAL CODE STATES a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18. 
( 2 ) In accordance with the written instructions of the consumer to whom it relates. 

- XXXX  XXXX, PORTFOLIO RECOVERY ASSOCIATES, and XXXX DO NOT HAVE WRITTEN INSTRUCTION FROM ME THE CONSUMER AS REQUIRED BY 15 USC 1681b 15 USC 1681e FURTHER STATES ( a ) Identity and purposes of credit users Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. 

Unless one of two reasons exists, PORTFOLIO RECOVERY, XXXX XXXXXXXX and XXXX is going against my rights and reporting the non permissible information WITHOUT MY WRITTEN CONSENT. 

XXXX is required to report and VERIFY ACCURATE INFORMATION. 

15 USC 1681l Whenever a consumer reporting agency prepares an investigative consumer report, no adverse information in the consumer report ( other than information which is a matter of public record ) may be included in a subsequent consumer report unless such adverse information has been verified in the process of making such subsequent consumer report, or the adverse information was received within the three-month period preceding the date the subsequent report is furnished. 

15 USC 1681o a ) In general Any person who is negligent in failing to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( XXXX ) any actual damages sustained by the consumer as a result of the failure; and ( XXXX ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys fees as determined by the court. 

Please review attachments for XXXX XXXXXXXX and PORTFOLIO RECOVERY ASSOCIATES for evidence of the adverse reporting to my consumer report with NON PERMISSIBLE PURPOSES FROM ME 15 USC 1681b XXXX XXXX XX/XX/2024