Consumer complaint received 2024-03-06
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: PORTFOLIO RECOVERY ASSOCIATES INC (GA)

Closed Marked as a duplicate complaint on XX/XX/2024 FCRA STATES : Frivolous or Irrelevant Disputes. 
A furnisher is not required to investigate a direct dispute if the furnisher has reasonably determined that the dispute is frivolous or irrelevant. A dispute qualifies as frivolous or irrelevant if : 1. the consumer did not provide sufficient information to investigate the disputed information ; 2. the direct dispute is substantially the same as a dispute previously submitted by or on behalf of the consumer and the dispute is one with respect to which the furnisher has already complied with the statutory or regulatory requirements.

However, a direct dispute would not be " substantially the same '' as the one previously submitted if the dispute includes new information required by the regulation to be provided to the furnisher, but that had not previously been provided to the furnisher This action taken above is invalid and improper due process because the disputes are for two different accounts and not substantially the same, NOR HAS THE FURNISHER COMPLIED with the STATUTIRY or REGULATORY REQUIREMENTS. But instead, has refused to comply by an act of non-compliance.

The two disputed but SEPARATE accounts are reporting similar information but are not the same, only disputed for the same violation.

TWO SEPARATE ACCOUNTS can not be a duplicate complaint.

The company has previous deleted only ONE disputed account although but are in violation for the same reason, which is including in this follow up complaint.

Portfolio Recovery, is refusing to comply with deletion of reporting inaccurate information despite disputes with congressional findings ans evidence of each violations.

To reiterate, Violation of 15 U.S.C 6802 Obligations with respect to disclosures of personal information No Authorization nor Consent has or will be given to PORTFOLIO RECOVERY on my behalf as the consumer.

Again, I did not contract with this non affiliated third party company.

Previous dispute show one reporting deleted for the exact same violation which are reporting charged off accounts to credit when the IRS CLEARLY DEFINES IT AS INCOME. Income is not to be reported per FDCPA.

Furnishing transaction information and history without my consent or authorization and against the law, as stated above is illegal reporting. 15 USC 1681b Charged off accounts are also considered income per IRS PUBLICATION 4681 and INCOME CAN NOT BE legally reported as credit. The company also failed to file or issue a 1099-C in relation to said charged off account ( s ). Charged off accounts require a 1099-C copy to be delivered which confirms that this debt has already been paid, forgiven and cancelled and should not be reported. Inaccurate reporting is noncompliance and libel.

Additional Violations : 1. Portfolio Recovery failed to properly investigate this matter of dispute 2. Continuation of inaccurate reporting of transactions where not legal 15 U.S. Code 1681o - Civil liability for negligent noncompliance - 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 ( 1 ) any actual damages sustained by the consumer as a result of the failure Consumer.