Consumer complaint received 2021-07-28
Product: Credit reporting, credit repair services, or other personal consumer reports — Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: PORTFOLIO RECOVERY ASSOCIATES INC (LA)

I initially submitted information to the CFPB after the numerous calls that Portfolio Recovery had placed to me. I also requested to have the account in question disputed due to a number of reasons. The account has yet to be removed which is why I have submitted another documented complaint. I advised the credit reporting agencies that this account, Portfolio Recovery, was reporting inconsistently across all credit reporting agencies it was reported. Things were incorrect from account number, date of last activity, date of last payment, date account opened, comments, remarks, payment history, date account closed my signature on the contract on the debt they are attempting to collect among other things. This account has not be adequately verified, validated and substantiated. 

Furthermore, there are other consumer protection violations that Portfolio Recovery has committed that can be proven in a court of law, in front of a jury of our peers. If Portfolio Recovery believes they are not violating the following consumer protection laws, I am asking for a full response in writing for my record keeping purposes as we move forward. 

Violation 1 : 15 USC 1681b ( a ) ( 2 ) - ( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates. 

I did not provide written consent to report anything on my consumer file. No consent is identity theft. 

Violation 2 : 15 USC 1692b ( 2 ) - Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall : ( 2 ) not state that such consumer owes any debt Portfolio Recovery has been communicating through the mails, USPS, as it relates to this debt. This constitutes as a communication with another person outside of me, the consumer, the natural person. 

Violatio

n 3 : 15 USC 1692e - False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 3 ) The false representation or implication that any individual is an attorney or that any communication is from an attorney.

Per the information listed on my consumer report under the comment section associated with this account, it appears that there is a remark that advises the account belongs to an attorney. This is misleading and a false representation.

Violation 4 : 18 USC 8 - Obligation or other security of the United States defined The term obligation or other security of the United States includes all bonds, certificates of indebtedness, national bank currency, Federal Reserve notes, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States, stamps and other representatives of value, of whatever denomination, issued under any Act of Congress, and canceled United States stamps.

In addition to the above violations, I am also asking that you produce the contract to collect services of debt per 28 USC 3002 in connection with 31 USC 3718 otherwise redirect any positive balances in excess of {$1.00} to I, the federally protected consumer in fact per 15 USC 1666d - Treatme
nt of credit balances.