Consumer complaint received 2025-02-04 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: Portfolio Recovery Associates, LLC
State: NV

Complaint narrative:
XXXX XXXX XXXX [ XX/XX/XXXX ] Portfolio Recovery Associates , LLC XXXX XXXX XXXX XXXX, XXXX XXXX Subject : Formal Cease and Desist Demand & Debt Validation Request Account Under Litigation & Invalid Debt Validation To Whom It May Concern, This letter serves as formal notice that the alleged debt associated with [ account number, if available ] is disputed, under litigation, and has not been properly validated in accordance with federal law. Portfolio Recovery Associates , LLC ( XXXX ) must immediately cease and desist all collection efforts, including reporting to credit bureaus, until full and proper validation is provided. 

NOTICE OF INVALID DEBT VALIDATION & CFPB COMPLAINT Be advised that a formal Consumer Financial Protection Bureau ( CFPB ) complaint ( Case # XXXX ) has been filed against XXXX regarding this matter. Your response to this complaint failed to provide legally sufficient validation under the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692g and the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681s-2 ( a ). 

Your response merely stated that XXXX purchased the debt and received business records from XXXX XXXX, but failed to provide substantive proof that this debt belongs to me. Additionally, XXXX did not provide the required extensive 7-point debt validation confirmation, which includes : 1. A copy of the original signed contract or agreement between myself and the original creditor, proving I agreed to this debt. 


2. An itemized account statement, including principal, interest, fees, and other charges applied.

3. Proof of the original creditors authority to assign or sell the debt.

4. Proof of PRAs authorization to collect this debt, including a signed contract showing legal transfer of collection rights. 


5. Proof that XXXX has the legal right to report this debt to credit bureaus, including a contract authorizing such reporting. 


6. A detailed payment history, including all transactions leading to the current balance.

7. A signed statement from XXXX, under penalty of perjury, affirming that this debt is valid and belongs to me. 



Until XXXX provides all of the above documentation, this debt remains unverified, and XXXX must cease all collection activities immediately under 15 U.S.C. 1692g ( b ). 

FAIR CREDIT REPORTING ACT ( FCRA ) COMPLIANCE REQUIRED Additionally, XXXX is legally required to notify XXXX, XXXX, and XXXX that this debt is disputed and under litigation, as required under XXXX U.S.C. XXXX ( a ) ( XXXX ). Failure to properly mark this debt as disputed constitutes a willful violation of the FCRA and exposes XXXX to further liability. 

ONGOING LITIGATION WARNING As this debt is under litigation, any further collection efforts, including phone calls, letters, or reporting inaccurate information to credit bureaus, will be considered willful noncompliance and may result in additional claims against XXXX for statutory damages under 15 U.S.C. 1692k. 

LEGAL PRECEDENTS Debt collectors who continue collection efforts without proper validation have been ruled against in multiple cases, including : Spears v. Brennan, 745 N.E.2d 862 ( Ind. Ct. App. 2001 ) Debt collectors must provide sufficient proof of debt ownership and validity.

Clark v. Capital Credit & Collection Services , Inc., 460 F.3d 1162 ( 9th Cir. 2006 ) Failure to validate a disputed debt violates the FDCPA.

Cushman v. Trans Union Corp., 115 F.3d 220 ( 3rd Cir. 1997 ) Creditors and collectors must properly investigate disputes before reporting.

DEMAND FOR IMMEDIATE ACTION You are hereby instructed to : 1. Cease all collection activities, including phone calls, letters, and credit reporting, until full validation is provided.

2. Immediately update all credit bureaus to reflect the disputed and litigated status of this account.

3. Provide written confirmation that no further collection attempts will be made unless full validation is supplied. 



Failure to comply will result in additional legal action, including claims for damages and further regulatory complaints. You are on notice. 

Sincerely, XXXX XXXX XXXX XXXX

Company response to consumer: Closed with explanation