Consumer complaint received 2025-03-05 00:00:00
Product: Debt collection — Credit card debt
Issue: Written notification about debt — Didn't receive notice of right to dispute
Company: Portfolio Recovery Associates, LLC
State: FL

Complaint narrative:
Portfolio Recovery Associates XXXX XXXX XXXX XXXX, VA XXXX Subject : Formal Notice to Cease Reporting and CFPB Complaint Regarding Violations of the FDCPA and FCRA To Whom It XXXX Concern, I am writing to formally dispute the negative item that your company is reporting on my credit report. Your company has placed a derogatory mark on my credit file without following the proper legal procedures as required by the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692 and the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681.

Violation of 15 U.S.C. 1692g Failure to Provide Validation Notice Under the FDCPA, specifically 15 U.S.C. 1692g, debt collectors are required to notify the consumer within five ( 5 ) days of initial communication about their right to dispute the debt. Your company failed to provide me with this notice, depriving me of my right to request validation before reporting this account to the credit bureaus. 

Furthermore, the burden of proof lies with the debt collector, and per XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, failure to send the proper validation notice is a direct violation of the FDCPA. Since I was never informed of my rights under the law, your collection activity is unlawful and should be removed immediately.

Violation of 15 U.S.C. 1681s-2 Inaccurate and Unverified Reporting The FCRA, under 15 U.S.C. 1681s-2 ( a ), strictly prohibits furnishers from reporting inaccurate information. Since your company did not notify me of this debt before reporting it, you are in violation of this law. Additionally, under 15 U.S.C. 1681b, a company must have a permissible purpose to obtain and report my credit information, which was never authorized. 

Courts have ruled that inaccurate or unverified information must be removed. As stated in XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, a furnisher of information must conduct a meaningful investigation before reporting data. Your failure to verify this debt before placing it on my credit file is a serious legal violation. 

Demand for Immediate Action Given your failure to properly notify me of this debt, the failure to validate the debt, and the illegal reporting of unverified information, I demand the following actions be taken immediately : Cease reporting this debt to all credit bureaus ( XXXX, XXXX, and XXXX ). 
Remove this negative item from my credit report immediately. 
Provide written confirmation that you have deleted the account from all credit reporting agencies. 
Cease all further collection activities related to this debt. 
CFPB Complaint and Legal Consequences If you fail to comply with this demand, I will be filing a formal complaint with the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), and my state Attorney Generals office. I will also explore legal action under the FDCPA and FCRA, which provide statutory damages of up to {$1000.00} per violation, plus punitive damages, attorney fees, and court costs ( 15 U.S.C. 1681n and 1692k ).

This letter serves as formal notice under the FDCPA, and you are required to respond within 30 days. Failure to comply will result in further legal action.

I expect immediate removal of this negative item from my credit file and a written response confirming compliance. You may send your response to the address listed above.

Company response to consumer: Closed with explanation