Consumer complaint received 2024-12-19 00:00:00
Product: Debt collection — I do not know
Issue: Communication tactics — Used obscene, profane, or other abusive language
Company: Portfolio Recovery Associates, LLC
State: FL

Complaint narrative:
CEASE AND DESIST NOTICE NOTICE TO Portfolio Recovery Associates , LLC Re : Formal Cease and Desist Demand NOTICE To CEO, CFO & Legal Compliance Department This formal cease and desist demand is issued pursuant to the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692, and the Fair Credit Reporting Act ( FCRA ), in addition to other applicable laws. This letter serves as notification to immediately cease and desist any and all communication with me, including but not limited to, communication through non-affiliate third-party credit reporting agencies.

Legal Basis Definition of Communication Under the FDCPA According to 15 U.S.C. 1692a ( 2 ), " communication '' is defined as " the conveying of information regarding a debt directly or indirectly to any person through any medium. '' This explicitly includes reporting information regarding an alleged debt to non-affiliate third-party credit reporting agencies.

Ceasing Communication Requirements Under 15 U.S.C. 1692c ( c ), if a consumer notifies a debt collector in writing that they refuse to pay a debt or wish the debt collector to cease further communication, the debt collector must cease all further communication with the consumer. Exceptions to this rule include : Advising the consumer that further efforts are being terminated ; Notifying the consumer of the invocation of specific legal remedies ; or Notifying the consumer of the intent to invoke a specific remedy. 
Notification to cease communication applies to all forms of communication, including direct communication with the consumer and indirect communication such as credit reporting. 

Supreme Court Precedent Supporting Cease and Desist XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) : The Supreme Court established that the FDCPA applies to debt collectors ' actions broadly, including indirect communication such as reporting debts to non-affiliate third-party credit reporting agencies. 
XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) : This case affirmed that inaccurate or unauthorized communication of information about a consumer to non-affiliate third parties, such as credit reporting agencies, constitutes a violation of federal consumer protection statutes. 
Violation of Consumer Rights Your continued communication with me through any medium, including reporting to non-affiliate third-party credit reporting agencies, constitutes a willful and knowing violation of my consumer rights under the FDCPA, FCRA, and other applicable laws. Such actions demonstrate bad faith and unclean hands, exposing your organization to liability for statutory damages, as well as any actual damages caused by your noncompliance. 

Demand for Compliance Under my directions, you are hereby instructed to : Cease any and all collection activities related to the alleged debt. 
Delete or remove the account from my credit file and any reports provided to non-affiliate third-party credit reporting agencies. 
Provide proof or evidence that you have deleted or removed the account and are in compliance with the FDCPA and other applicable laws. 
Additionally, all future communications, if necessary, must be conducted exclusively through the following email address : [ Insert Email Address ]. Any attempt to contact me through any other medium will be deemed a violation of 15 U.S.C. 1692c ( c ).

Consequences of Noncompliance Failure to comply with this demand will result in legal action, including but not limited to : Filing complaints with the Consumer Financial Protection Bureau ( CFPB ) and Federal Trade Commission ( FTC ) ; Pursuing claims for statutory and actual damages in federal court under the FDCPA and FCRA. 
Notice of Recordkeeping All correspondence regarding this matter will be retained as evidence to support any legal claims resulting from your continued violations. 

Respectfully

Company response to consumer: Closed with non-monetary relief