Consumer Sues Portfolio Recovery Associates Over Written Dispute Requirement

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Portfolio Recovery Associates, LLC is facing a proposed class action lawsuit that claims it illegally requires consumers to submit debt disputes in writing. The defendant allegedly sends collection letters that specify a physical address and email address to which consumers can send written disputes and a toll-free number that can be dialed “to discuss payment arrangements.” The complaint claims this language implies to the least sophisticated consumer that disputes must either be mailed or emailed to the defendant and not expressed orally over the phone. According to the suit, the Fair Debt Collection Practices Act allows for oral disputes and does not require that they be submitted in writing.