Consumer complaint received 2025-09-18 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Problem with personal statement of dispute
Company: Portfolio Recovery Associates, LLC
State: TX

Complaint narrative:
RE : CFPB Complaint ID XXXX Respondent : XXXX XXXX XXXX XXXX XXXX Portfolio Recovery Associates Ongoing FCRA Violations During Active Litigation To Whom It May Concern : This communication serves as a formal record and legal commentary on the Consumer Financial Protection Bureau XXXX XXXX above. The XXXX is currently the respondent/defendant in active litigation against Portfolio Recovery Associates , LLC ( PRA ) in Cause Nos. XXXX, XXXX, and XXXX presently pending before the Justice Court XXXX XXXX in XXXX XXXX, Texas XXXX 

PRAs Admission of Inability to Respond = Judicial Estoppel In direct response to the CFPB complaint, PRA has formally admitted they are unable to respond to the allegations or correct the record because the same issues [ are ] raised in pending litigation. This admission constitutes judicial estoppel and bars PRA from simultaneously continuing to : Update credit reporting balances.

Flag consumer accounts as 120 days late or collection accountas evidenced in Exhibit I and Exhibit J.

Claim the right to validate accounts they now assert can not be addressed due to active court proceedings.

This conduct blatantly violates the Fair Credit Reporting Act ( FCRA ) and Consumer Financial Protection Act, by knowingly updating disputed, unverifiable, and litigated items.

Applicable Legal Violations FCRA 1681s-2 ( a ) ( 1 ) ( A ) PRA has reported inaccurate data to the credit bureaus despite having no verifiable original contracts, and while simultaneously requesting an extension in court to investigate the very accounts they affirmatively report as valid and delinquent.

FCRA 1681s-2 ( b ) ( 1 ) ( AE ) Failure to cease furnishing during investigation, failure to conduct a lawful reinvestigation, and continuing to publish outdated data constitutes a willful and negligent violation.

15 U.S.C. 1692e ( 2 ) ( A ), ( 8 ), and ( 10 ) Misrepresenting the character and legal status of the debt during pending litigation is a violation of the FDCPA.

Spoliation & Abuse of Process PRAs act of simultaneously asserting non-responsiveness to the CFPB while maintaining active and aggressive credit reporting signals a willful abuse of process and bad faith litigation conduct. 

Legal Consequences & Relief Sought Given the CFPBs acknowledgment of the pending court matter and PRAs refusal to address or correct their misconduct through administrative channels, we respectfully request : A formal violation notice be entered into CFPB records.

PRA be flagged for continued reporting during pending litigation.

PRAs pattern of behavior be referred for enforcement or class-action investigation pursuant to prior CFPB sanctions ( PRA paid XXXX XXXX in XXXX  for similar conduct ). 

All balance updates, 120-day flags, and collection entries from PRA be permanently removed, pending full court adjudication.

Attached : Exhibit J To support this complaint, we have embedded Exhibit J containing : Screenshot of CFPB response acknowledgment ( mobile and desktop views ) Reference to Complaint ID and submission XXXX  Evidence that PRA is not acting in accordance with their own representation to federal regulators Respectfully submitted, XXXX XXXX XXXX Respondent XXXX XXXX, TX XXXX XXXX XXXX XXXX XXXX XXXX

Company response to consumer: Closed with explanation