Consumer complaint received 2023-10-13
Product: Debt collection — Credit card debt
Issue: Threatened to contact someone or share information improperly — Talked to a third-party about your debt
Company: PORTFOLIO RECOVERY ASSOCIATES INC (HI)

Re : Dispute of Unauthorized Collection Agency Reporting, FCRA Section 609 Compliance, Impact of Auto Repossession, Delinquent Student Loans, and Request for Goodwill Removal To Whom It May Concern, I am writing on behalf of XXXX XXXX, a valued consumer who has sought our assistance in addressing discrepancies and adverse actions reported on their credit file. We believe that the reporting of these adverse actions may not comply with federal laws, specifically the Fair Credit Reporting Act ( FCRA ) and its Section 609, regardless of the validity of the negative accounts in question. These adverse actions, including unauthorized collection agency reporting, are impeding XXXX XXXX 's ability to obtain new credit accounts. Additionally, we wish to highlight the adverse impact of an auto repossession and delinquent student loans that remain on XXXX XXXX credit report. 

Unauthorized Collection Agency Reporting : Our primary concern is the unauthorized reporting of negative accounts by a collection agency, XXXX XXXX XXXX and Portfolio Recovery Assoc, which does not have a valid agreement or authorization from XXXX XXXX to report this information on their credit file. The FCRA requires that any entity reporting negative account information must have authorization to do so from the consumer in question. XXXX XXXX has never entered into an agreement or provided authorization to XXXX XXXX XXXX and Portfolio Recovery Assoc to report on their behalf. There was an agreement with XXXX  XXXX and XXXX  XXXX but not with XXXX XXXX XXXX and Portfolio Recovery Assoc. 

We kindly request a thorough investigation into the unauthorized collection agency reporting of the following negative accounts on XXXX XXXX 's credit file : XXXX XXXX XXXX Portfolio Recovery Assoc Impact of Auto Repossession : In addition to the unauthorized collection agency reporting, we want to highlight the adverse impact of an auto repossession on XXXX XXXX  credit report. The repossession occurred during a period of financial hardship, and it has significantly affected their creditworthiness. We kindly request an investigation into the auto repossession and its reporting, along with its impact on XXXX XXXX ability to obtain new credit accounts through XXXX XXXX XXXX. 

Delinquent Student Loans : Furthermore, we wish to bring to your attention the presence of delinquent student loans on XXXX XXXX 's credit report. While we understand the importance of accurate reporting of debts, we believe that there may be inaccuracies or discrepancies related to these student loans that are negatively impacting XXXX XXXX 's credit profile. We request a thorough review of these student loan accounts and their reporting to ensure compliance with applicable laws. 

FCRA Section 609 Compliance : Furthermore, we would like to draw attention to FCRA Section 609, which obligates consumer reporting agencies to provide consumers with a copy of their credit report upon request. It does not distinguish between the validity of the negative accounts contained within the report. We are aware that Section 609 does not assess the accuracy or validity of accounts but instead focuses on ensuring that consumers have access to their credit information. 

Impact on Obtaining New Credit Accounts : In accordance with FCRA Section 615, adverse actions can significantly hinder a consumer 's ability to secure new credit accounts. These actions often result in credit denials, higher interest rates, or less favorable terms on credit applications. The inability to obtain new credit accounts has a profound impact on an individual 's financial well-being and opportunities. 

Request for Goodwill Removal : In the event that the reported violations are not deemed sufficient for immediate removal of these adverse items, we kindly request that the CFPB considers goodwill removal as a means to help alleviate the adverse impact on XXXX XXXX credit report. Goodwill removal is a compassionate action that acknowledges the consumer 's efforts to address and rectify past financial difficulties. 

We appreciate your prompt attention to this issue and request a comprehensive investigation into the aforementioned concerns, including the unauthorized collection agency reporting, the impact of the auto repossession and delinquent student loans on XXXX XXXX ability to obtain new credit accounts, and the possibility of goodwill removal. 

Thank you for your cooperation in addressing this matter within the bounds of consumer protection laws.