Consumer complaint received 2024-09-21
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account status incorrect
Company: PORTFOLIO RECOVERY ASSOCIATES INC (MI)

I, XXXX XXXX, am submitting a formal complaint against Portfolio Recovery Associates. When they reached out to me by phone, I requested a list of information about the debt account XXXX. 

proof of debt assignment, original contract from the creditor with my signature, claim of title to collect on the debt, any insurance claims filed on this debt, payment history. 

I received two documents from Portfolio Recovery Associates, stating they are debt collectors and an attempt to collect debt letters. 

I sent a Cease-and-Desist letter to Portfolio Recovery Associates. They decided to add this debt to ALL three-consumer reports agencies days after they received my Cease-and-Desist letter and reported false information that the debt account opened on XXXX XXXX. This account states it was opened on XX/XX/XXXX on one of the documents they sent me. They have the account status as open when the account was closed and charged off. This debt should not have been added to my consumer reports after the Cease-and-Desist Letter. I see it as a THREAT and should be deleted from ALL CONSUMER REPORTS immediately. They re in violation of the Fair Credit Reporting Act and Federal Trade Commission, and Fair Debt Collection Practices Act. 

According to the Fair Credit Reporting Act, require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, regarding the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. Under Title 15 US Code 1692c ( c ), Ceasing communication. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except ( 1 ) to advise the consumer that the debt collectors further efforts are being terminated ; ( 2 ) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or ( 3 ) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. 

According to Fair Debt Collection Practices Act, eliminate abusive debt collection practices by debt collectors, to ensure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action to protect consumers against debt collection abuses. Under 15 US Code 1692e, False or Misleading Representation, A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. 

According to Consumer Credit Protection Act, furnishers with knowledge of errors to consumer reporting agencies and states furnishers duty to provide accurate information. Under 15 US Code 1681s -2, Responsibilities of Furnishers of Information to Consumer Reporting Agencies, a person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 

18 US Code Part 1 Ch. 42 : Extortionate Credit Transactions, Title 18Crimes and Criminal Procedure 18 US Code 894. Collection of Extensions of Credit by Extortionate means ( a ) Whoever knowingly participates in any way, or conspires to do so, in the use of any extortionate means ( 1 ) to collect or attempt to collect any extension of credit, or ( 2 ) to punish any person for the nonrepayment thereof, shall be fined under this title or imprisoned not more than 20 years, or both. ( b ) In any prosecution under this section, for the purpose of showing an implicit threat as a means of collection, evidence may be introduced tending to show that one or more extensions of credit by the creditor were, to the knowledge of the person against whom the implicit threat was alleged to have been made, collected or attempted to be collected by extortionate means or that the nonrepayment thereof was punished by extortionate means. 

( c ) In any prosecution under this section, if evidence has been introduced tending to show the existence, at the time the extension of credit in question was made, of the circumstances described in section 892 ( b ) ( 1 ) or the circumstances described in section 892 ( b ) ( 2 ), and direct evidence of the actual belief of the debtor as to the creditors collection practices is not available, then for the purpose of showing that words or other means of communication, shown to have been employed as a means of collection, in fact carried an express or implicit threat, the court may in its discretion allow evidence to be introduced tending to show the reputation of the defendant in any community of which the person against whom the alleged threat was made was a member at the time of the collection or attempt at collection.