Portfolio just came back with this response to my bbb complaint. I think I stomped on a hornets nest. Good thing this sucker is out of sol.
Should I send them the credit reports and sign that document the want back?
Consumer's Original Complaint :
Sending correspondence that illegally simulates legal process on time barred debt & verifying inaccurate information to the credit bureaus.
I am in receipt of several letters from PRA & their attorney Mary Jane M Elliott PC, referring to legal action on an item appearing on my credit reports. This item is time barred and any mention of legal activity on time barred debt is illegal. PRA has recently been sanctioned for this type of activity, you can see evidence of that here: 3/27/13 http://ww1.prweb.com/prfiles/2013/03/28/10582648/zimmerman5.pdf Zimmerman v. Portfolio Recovery Associates, LLC (U.S. District Court, Southern District of New York, 09 Civ. 4602 (PGG)). On behalf of Jason Zimmerman and other consumers, Lemberg & Associates has won a $350,000 class action award against debt collection agency Portfolio Recovery Associates for violations of the Fair Debt Collection Practices Act (FDCPA). This is the largest reported judgment in a Fair Debt Collection class action case.
The court ruled that Portfolio Recovery Associates violated the FDCPA by sending 990 consumers debt collection correspondence that simulated legal process. The court rightfully labeled Portfolio Recovery Associates' behavior 'unscrupulous.'
Portfolio Recovery's unscrupulous behavior was just one of the factors the court used in determining the $350,000 award. According to Lemberg, "We were pleased that the judge noted that Portfolio Recovery's FDCPA violations were 'intentional' and 'egregious,' and that a sizeable award was appropriate." Indeed, the judge wrote, "The sanction imposed must be sufficient to deter PRA from engaging in abusive practices in the future."
The court determined that each class member who returned the appropriate claim form would receive $500, that the lead plaintiff, Mr. Zimmerman, would receive $1,500, and that any remaining monies would be awarded "to a non-profit organization working to curb abusive debt collection practices or to increase consumer awareness of such practices."
When I complained to the CFPB about what they were doing, PRA falsified documents and sent them a letter that they claimed to have sent to me that did not match. It had different letterhead, font, etc.
Additionally, the information they are reporting on my credit reports is inaccurate. When I attempted to correct the information through the dispute process, PRA did not investigate, they simply verified the information to the credit bureaus and then started reporting it as new collection activity on my reports causing further damage without correcting the inaccurate information. They then also blocked me from further attempts of to correct the incorrectly reported information by putting this account in "frivolous" status and refusing to investigate or reply to any further correspondence from me. They are reporting greatly differing information across all the credit agencies, illegally re-aging the account by changing dates of first delinquency, loan type changes from charge off to collection to installment factoring company, placed for collection dates change and vary, etc. This account is gross misrepresentation and they are breaking many FDCPA rules and regulations.
Consumer's Desired Resolution:
I respectfully request that these items be permanently removed from my credit reports and this debt not be sold to other collectors in the future.
09/25/2013 webBBBCase Received by BBB
09/26/2013 vbbBBBCase Reviewed by BBB - Member
09/26/2013 OttoEMAILSend Acknowledgement to Consumer
09/26/2013 OttoMAILNotify Business of Dispute - Accredited Business
10/04/2013 WEBBBBRECEIVE BUSINESS RESPONSE : This communication is from a debt collector.
Would the consumer please provide us with a copy of the credit report or reports which has the "inaccurate" information to which she is referring?
Portfolio Recovery Associates, LLC ("PRA") is a debt buyer. We furnish account information to the national credit reporting agencies in accordance with Section 623 of the Fair Credit Reporting Act, Appendix A to Part 660, Title 16, Code of Federal Regulations, and the Consumer Data Industry Association's Credit Reporting Resource Guide. We do not "report" information.
Portfolio Recovery Associates, LLC ("PRA") has initiated an investigation into the allegations made in the consumer's complaint and issues presented by the consumer's complaint. We will review all relevant information, including the information provided by the consumer, we will resolve the complaint and, if appropriate, we will mail our response to the consumer.
A full response to the BBB, however, may necessitate PRA's disclosure of the consumer's nonpublic personal information and communications in connection with the collection of a debt. Together with a copy of the credit report or reports which has the "inaccurate" information to which the consumer is referring PRA is, accordingly, also requesting that the consumer complete and mail the enclosed Authorization and Consent form before PRA provides the BBB with a copy of our response to the consumer or a full response to the consumer's allegations and issues.
Office of the General Counsel
Portfolio Recovery Associates, LLC
140 Corporate Boulevard, Norfolk, VA 23502
I would send the copy of your CR with only that TL showing. Mark out everything else that may be present.
Furnishing and reporting are the same thing.
What does the Authorization and Consent form say?
Should I send them just one version of my cr or should I show them how it's different with the different bureaus?
Here is the content of the letter, I attached it in the first post but it must not have worked. It's a confusing letter, hoping to get feedback on it before I sign it. It's seems to be a way for them to extend the time, they had 10 days to respond, this isn't really a response at all and I can't even submit it back through the bbb, they want it via mail, this will add a couple weeks by the time they get it and then take their time responding.
PORTFOLIO RECOVERY ASSOCIATES, LLC
OFFICE OF GENERAL COUNSEL
140 CORPORATE BOULEVARD, NORFOLK, VA 23502
Authorization and Consent for the Public Disclosure of Nonpublic Personal Information and Communications in Connection with the Collection of a Debt
The undersigned consumer has submitted a complaint to the Better Business Bureau of Greater Hampton Roads ("BBB") against Portfolio Recovery Associates, LLC ("PRA") in connection with the collection of a debt allegedly owed to PRA. Investigation of the allegations and issues presented in the complaint and a full response to those allegations and issues submitted to the BBB may necessitate PRA's disclosure of the undersigned consumer's nonpublic personal information and communications in connection with the collection of a debt, including disclosure by unsecured and/or unencrypted electronic means.
PRA will resolve the complaint with the information provided in the undersigned consumer's complaint and, if appropriate, mail our response to the undersigned consumer. PRA may not provide a copy of the response or fully respond to the BBB for public disclosure, however, unless:
1. The undersigned consumer authorizes and consents in writing to PRA's public disclosure, including disclosure by unsecured and/or unencrypted electronic means, of the undersigned consumer's nonpublic personal information and communications in connection with a debt to the BBB, as indicated by the consumer's signature, printed name and date written below; and
2. The BBB and PRA receive this signed Authorization and Consent for the Public Disclosure of Nonpublic Personal Information and Communications in Connection with the Collection of a Debt, which the undersigned consumer has mailed both to: (a) Better Business Bureau of Greater Hampton Roads, 586 Virginian Drive, Norfolk, VA 23505; and to
(b) Portfolio Recovery Associates, LLC, Office of the General Counsel, 140 Corporate Boulevard, Norfolk, VA 23502.
Consumer's Signature: __________________________________
Consumer's Printed Name: __________________________________
Send all 3 CRs.
It sounds like they are asking for your permission to talk to the BBB. Meaning they need to send in copies of the reports etc.
I am not 100% sure that is what it means though.
Ok, will send all 3.
When you file a bbb complaint you already do a disclaimer in the filing process so this redundancy is redundant... lol It's one of their time extending games. I haven't seen any other posters here mention this form so they either need more time or they are being careful because I quoted all that legal stuff. I really put that case info in my post because I know that it will be public record and others will see it and know what this company is doing. I think I made them mad because they can't remove that from public view and they put me onto the slow train as a result.