Class Action: Portfolio Recovery Associates Misled Consumer Regarding Debt Dispute Rights
by Nadia Abbas
Last Updated on September 26, 2018
Kraiem v. Portfolio Recovery Associates, Llc
Filed: September 20, 2018 ◆§ 1:18cv5306
Portfolio Recovery Associates is facing a lawsuit alleging the debt collector sent a letter that miscommunicated a consumer’s debt dispute rights.
New York
Portfolio Recovery Associates, LLC is facing another proposed class action, this time alleging the debt collector sent a letter that miscommunicated a consumer’s debt dispute rights under the Fair Debt Collection Practices Act (FDCPA).
The allegedly misleading notice was mailed to the New York plaintiff in September 2017 and stated, in part:
“DISPUTES CORRESPONDENCE ADDRESS: Portfolio Recovery Associates, LLC, Disputes Department 140 Corporate Blvd., Norfolk, VA 23502
Disputes Dept. E-Mail Address: PRA_Disputes@portfoliorecovery.com”
The case argues that by directing the recipient to send any dispute to a mailing or e-mail address, the letter falsely implied that a debt dispute must be made in writing, despite no such requirement from the FDCPA. The suit charges the defendant engaged in deceptive debt collection practices, since the letter could cause the recipient to “be unsure as to whether a writing or oral communication is necessary to dispute the underlying debt.”
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