Consumer complaint received 2024-08-06 00:00:00
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: Portfolio Recovery Associates, LLC
State: OK

Complaint narrative:
Portfolio Recovery {$720.00} balance 15 U.S. Code 1604 - Disclosure guidelines U.S. Code Notes prev | next ( a ) Promulgation, contents, etc., of regulations The Bureau shall prescribe regulations to carry out the purposes of this subchapter. Except with respect to the provisions of section 1639 of this title that apply to a mortgage referred to in section 1602 ( aa ) [ 1 ] of this title, such regulations may contain such additional requirements, classifications, differentiations, or other provisions, and may provide for such adjustments and exceptions for all or any class of transactions, as in the judgment of the Bureau are necessary or proper to effectuate the purposes of this subchapter, to prevent circumvention or evasion thereof, or to facilitate compliance therewith.

( b ) Model disclosure forms and clauses ; publication, criteria, compliance, etc.

The Bureau shall publish a single, integrated disclosure for mortgage loan transactions ( including real estate settlement cost statements ) which includes the disclosure requirements of this subchapter in conjunction with the disclosure requirements of the Real Estate Settlement Procedures Act of 1974 [ 12 U.S.C. 2601 et seq. ] that, taken together, may apply to a transaction that is subject to both or either provisions of law. The purpose of such model disclosure shall be to facilitate compliance with the disclosure requirements of this subchapter and the Real Estate Settlement Procedures Act of 1974, and to aid the borrower or lessee in understanding the transaction by utilizing readily understandable language to simplify the technical nature of the disclosures. In devising such forms, the Bureau shall consider the use by creditors or lessors of data processing or similar automated equipment. Nothing in this subchapter may be construed to require a creditor or lessor to use any such model form or clause prescribed by the Bureau under this section. A creditor or lessor shall be deemed to be in compliance with the disclosure provisions of this subchapter with respect to other than numerical disclosures if the creditor or lessor ( 1 ) uses any appropriate model form or clause as published by the Bureau, or ( 2 ) uses any such model form or clause and changes it by ( A ) deleting any information which is not required by this subchapter, or ( B ) rearranging the format, if in making such deletion or rearranging the format, the creditor or lessor does not affect the substance, clarity, or meaningful sequence of the disclosure.

( c ) Procedures applicable for adoption of model forms and clauses Model disclosure forms and clauses shall be adopted by the Bureau after notice duly given in the Federal Register and an opportunity for public comment in accordance with section 553 of title 5.

( d ) Effective dates of regulations containing new disclosure requirements Any regulation of the Bureau, or any amendment or interpretation thereof, requiring any disclosure which differs from the disclosures previously required by this part, part D, or part E or by any regulation of the Bureau promulgated thereunder shall have an effective date of that XXXX XXXX which follows by at least six months the date of promulgation, except that the Bureau may at its discretion take interim action by regulation, amendment, or interpretation to lengthen the period of time permitted for creditors or lessors to adjust their forms to accommodate new requirements or shorten the length of time for creditors or lessors to make such adjustments when it makes a specific finding that such action is necessary to comply with the findings of a court or to prevent unfair or deceptive disclosure practices. Notwithstanding the previous sentence, any creditor or lessor may comply with any such newly promulgated disclosure requirements prior to the effective date of the requirements.

( e ) Disclosure for charitable mortgage loan transactions With respect to a mortgage loan transaction involving a residential mortgage loan offered at 0 percent interest with only bonafide and reasonable fees and that is primarily for charitable purposes by an organization described in section 501 ( c ) ( 3 ) of title 26 and exempt from taxation under section 501 ( a ) of such title, forms HUD1 and GFE ( as defined under section 1024.2 ( b ) of title 12, Code of Federal Regulations ) together with a disclosure substantially in the form of the Loan Model Form H2 ( as depicted in Appendix H to part 1026 of title 12, Code of Federal Regulations ) shall, collectively, be an appropriate model form for purposes of subsection ( b ) of this section.

( f ) Exemption authority ( 1 ) In general The Bureau may exempt, by regulation, from all or part of this subchapter all or any class of transactions, other than transactions involving any mortgage described in section 1602 ( aa ) 1 of this title, for which, in the determination of the Bureau, coverage under all or part of this subchapter does not provide a meaningful benefit to consumers in the form of useful information or protection.

( 2 ) Factors for consideration In determining which classes of transactions to exempt in whole or in part under paragraph ( 1 ), the Bureau shall consider the following factors and publish its rationale at the time a proposed exemption is published for comment : ( A ) The amount of the loan and whether the disclosures, right of rescission, and other provisions provide a benefit to the consumers who are parties to such transactions, as determined by the Bureau.

( B ) The extent to which the requirements of this subchapter complicate, hinder, or make more expensive the credit process for the class of transactions.

( C ) The status of the borrower, including ( i ) any related financial arrangements of the borrower, as determined by the Bureau ; ( ii ) the financial sophistication of the borrower relative to the type of transaction ; and ( iii ) the importance to the borrower of the credit, related supporting property, and coverage under this subchapter, as determined by the Bureau ; ( D ) whether the loan is secured by the principal residence of the consumer ; and ( E ) whether the goal of consumer protection would be undermined by such an exemption.

( g ) Waiver for certain borrowers ( 1 ) In general The Bureau, by regulation, may exempt from the requirements of this subchapter certain credit transactions if ( A ) the transaction involves a consumer ( i ) with an annual earned income of more than {$200000.00} ; or ( ii ) having net assets in excess of {>= $1,000,000} at the time of the transaction; and ( B ) a waiver that is handwritten, signed, and dated by the consumer is first obtained from the consumer.

( 2 ) Adjustments by the Bureau The Bureau, at its discretion, may adjust the annual earned income and net asset requirements of paragraph ( 1 ) for inflation.

( h ) Deference Notwithstanding any power granted to any Federal agency under this subchapter, the deference that a court affords to the Bureau with respect to a determination made by the Bureau relating to the meaning or interpretation of any provision of this subchapter, other than section 1639e or 1639h of this title, shall be applied as if the Bureau were the only agency authorized to apply, enforce, interpret, or administer the provisions of this subchapter. ( i ) Authority of the Board to prescribe rules Notwithstanding subsection ( a ), the Board shall have authority to prescribe rules under this subchapter with respect to a person described in section 5519 ( a ) of title 12. Regulations prescribed under this subsection may contain such classifications, differentiations, or other provisions, as in the judgment of the Board are necessary or proper to effectuate the purposes of this subchapter, to prevent circumvention or evasion thereof, or to facilitate compliance therewith.
( Pub. L. 90321, title I, 105, May 29, 1968, 82 Stat. 148 ; Pub. L. 96221, title VI, 605, Mar. 31, 1980, 94 Stat. 170 ; Pub. L. 103325, title I, 152 ( e ) ( 2 ) ( A ), Sept. 23, 1994, 108 Stat. 2194 ; Pub. L. 104208, div. A, title II, 2102 ( b ), 2104, Sept. 30, 1996, 110 Stat. 3009399, 3009401 ; Pub. L. 111203, title X, 1100A ( 2 ), ( 4 ) ( 7 ), title XIV, 1472 ( c ), July 21, 2010, 124 Stat. 2107, 2108, 2190 ; Pub. L. 116342, 2 ( a ), Jan. 13, 2021, 134 Stat. 5134. ) Cornell University insigniaCornell Law SchoolSearch Cornell LII U.S. Code Title 15 CHAPTER 41 SUBCHAPTER V 1692 Quick search by citation : Title enter title Section section 15 U.S. Code 1692 - Congressional findings and declaration of purpose U.S. Code Notes prev | next ( a ) Abusive practices There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy. ( b ) Inadequacy of laws Existing laws and procedures for redressing these injuries are
inadequate to protect consumers.

( c ) Availa

ble non-abusive collection methods Means other than misrepresentation or other abusive debt collection practices are available for the effective collection of debts. ( d ) Interstate commerce Abusive debt collection practices are carried on to a substantial extent in interstate commerce and through means and instrumentalities of such commerce. Even where abusive debt collection practices are purely intrastate in character, they nevertheless directly affect interstate commerce. 

( e ) Purposes It is the purpose of this subchapter to eliminate abusive debt collection practices by debt collectors, to insure 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.

Company response to consumer: Closed with explanation