Consumer complaint received 2025-04-04 00:00:00
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: Portfolio Recovery Associates, LLC
State: NV

Complaint narrative:
Date : XX/XX/XXXX Portfolio Recovery Associates , LLC XXXX XXXX XXXX XXXX, VA XXXX Re : Cease and Desist Demand for Unlawful Collection Activities Dear Sir/Madam, I am writing to formally demand that you immediately cease and desist all communication and collection activities regarding the account referenced below, pursuant to my rights under the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692, et seq., and applicable state laws.

Your attempts to collect this debt have been unlawful, as outlined below, and I request that you cease all further communication regarding this matter.

1. Violation of the Fair Debt Collection Practices Act ( FDCPA ) Under the FDCPA, debt collectors are prohibited from engaging in any conduct that harasses, oppresses, or abuses any person in connection with the collection of a debt. Specifically : 15 U.S.C. 1692d prohibits the use of threats, obscene language, or harassment in any communication regarding debt collection. 
15 U.S.C. 1692e prohibits false or misleading representations regarding the debt.

Case law supports the assertion that a debt collector must not engage in misleading or deceptive conduct. In Heintz v. Jenkins, 514 U.S. 291 ( 1995 ), the U.S. Supreme Court held that even attorneys acting as debt collectors must comply with the FDCPA, emphasizing the broad scope of the statute 's protections against harassment and misrepresentation.

2. Unlawful Communication Practices I demand that you cease any and all forms of communication with me regarding this alleged debt. Specifically, your actions may have violated : 15 U.S.C. 1692c ( Communication in connection with debt collection ) that restricts a debt collector from contacting a consumer at inconvenient times or places.

In Pollice v. National Tax Funding, L.P., 225 F.3d 379 ( 3d Cir. 2000 ), the court ruled that contacting a consumer at inconvenient times or engaging in repeated communications could constitute harassment under the FDCPA.

3. Request for Validation of Debt I am exercising my right to request verification of this debt, as outlined in 15 U.S.C. 1692g. If you are unable to validate the debt, I require that you immediately cease all further collection attempts.

Case law example : In Chaudhry v. Gallerizzo, 174 F.3d 394 ( 4th Cir. 1999 ), the court ruled that if a debt collector does not validate a debt as required by the FDCPA, they are prohibited from further attempts to collect the debt.

4. Notice of Legal Action if Violations Continue Should you continue to violate the FDCPA or make unauthorized attempts to collect the alleged debt, I will pursue all available legal remedies, including but not limited to filing complaints with the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), and seeking a lawsuit for any damages caused by these unlawful practices.

________________________________________ Conclusion and Demand for Immediate Action I demand that you immediately cease and desist all collection activities on this alleged debt, and I request written confirmation that you will comply with this demand. Failure to do so will result in further legal action.

Company response to consumer: Closed with non-monetary relief