Consumer complaint received 2023-05-12
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: PORTFOLIO RECOVERY ASSOCIATES INC (MO)

NOTICE OF PENDING ACTION SEEKING REMEDYAND MONETARY DAMAGES PURSUANT TO FCRA SECTION 15 USC 1681N Civil Liability for Willful Noncompliance, 15 USC 1681O Civil Liability and Negligent Noncompliance, and 15 USC 1692K Civil Liability.

Accept this last written OFFER OF SETTLEMENT BEFORE LITIGATION as my last ditch effort to reach a settlement to end your ongoing violation of the Fair Credit Reporting Act about your failure to remove information from my consumer file. 

If the items specified in my letters are not immediately removed, I intend to file a lawsuit under the FCRA to demand relief and reclaim any financial damages I may be due.

If you choose not to accept this offer of settlement, a formal complaint will be filed with the Federal Trade Commission, and copies of this letter, as well as copies of the three written letters we previously gave you, will be included. This documentation will also be used as evidence in any future legal proceedings.

The items shown on my credit report continue to be there despite three formal requests, which is against the law. The FCRA requires that you keep a copy of the original creditors ' records on hand as proof that the information is my and accurate. You wrote in the findings of your inquiries that you " verified '' these items are being " reported correctly ''? Who checked these reports? You have not given me a copy of ANY original paperwork, including a consumer contract that bears my signature, as required by Sections 609 ( a ) ( 1 ) ( A ) and 611 ( a ) ( 1 ) ( A ).

In accordance with Section 611 ( a ) ( 7 ), you have also neglected to give the method of verification. Please be aware that you are required to " ... promptly DELETE all information which can not be verified '' in accordance with Section 611 ( 5 ) ( A ) of the FCRA.

In the event that you break federal law, the law is extremely explicit about my civil obligation and my options for redress.

According to 15 U.S.C. 1681b ( a ) ( 2 ), your business is in violation of the following : According to the following conditions and none more, " any consumer reporting agency may furnish a consumer report : In accordance with the written instructions of the consumer to whom it relates. '' I have never given written permission for any consumer reporting agency, including your business, to provide my consumer report. I am the consumer and a natural person.

In accordance with 15 USC 1681 ( a ) ( 4 ), a consumer reporting agency is also required to carry out its serious obligations in a way that respects the consumer 's right to privacy and is fair and unbiased.

You have breached my right to privacy pursuant to 15 USC 1681 ( a ) ( 4 ) by providing the accounts identified in Exhibit A on my consumer report without my written consent.

Additionally, your business violated 15 USC 1692j ( a ) by producing a false form that led creditors and employers to believe I was in debt, despite the fact that you are unable to substantiate this claim. If the debts were real, you gave the misleading impression that I couldn't afford to pay them.