Mike, are you sure? The AC 804 number you gave is attached to Nationwide Credit, according to your own transcript, not Portfolio Recovery. NCI and PRA do not share common ownership so far as I know. Do you maybe have two entities hassling you (illegally) over a single account?
Resident47 Jul 05th, 2011
No message; we dont leave answerer turned on anymore
caller Id display only showed private name. 205 588 8197 6/27/11
No message left. They Hung up when answering machine started.Im pretty sure it is Portfolio Recovery because they keep calling asking for someone with a similar name to mine and theirs is the only name that is blocked or concealed out out all the people that call me.
Ohio's Fair Debt law appears to be a carbon copy of federal, apart from that one line about a consumer claiming poverty. Most anywhere else in the nation, such a statement is to be avoided, as it's a hair away from admitting legal liability. Turning out your pockets is a condition, not a defense, one that will prompt a judge to hand summary judgment and the keys to your assets to the collector.
Under federal FDCPA, and likely many similar state laws, you don't need a reason to cease calls. You just tell 'em to knock it off, preferably on paper, most effectively sent USPS Certified with return card. To Yuck's question, the FTC language does ban call patterns meant to ''harass or annoy'', but does not benchmark numeric values. Harassment from phone calls alone, stripped of context, is known to be a difficult platform for litigation. Our civil courts are more or less owned by the debt industry, and judges tend to favor the corporations. (This could get us into a whole essay on the false ''morality'' of debt and overall bias against people who assert their Fair Debt rights.) Collector calls are lumped into a nebulous notion of ''victimless crime'', until very obvious abuse takes place, such as foul language and baseless threats.
This is not to say legally beating back collectors is futile. Many will fold with a settlement check long before you see a court judge or private arbitrator. It comes down to the quality of your pleadings and your care in gathering evidence and memorializing events. Play a strong hand and the cowards will lay down, just like they try to do to we consumers with bluffs.
Kat found the hard way in February that PRA has a half-bazillion phone numbers to throw at our consumer average of two. Therefore blocking via devices is an arms race you will lose. The better path is to take a few calls with pen and paper handy, or better yet a means of recording clean phone audio. PRA is a big enough meat grinder that it can't help violating laws sooner or later, and the phone is where most collectors do their worst. Turn the flow of information in one way, only from the collector, and you should avoid the usual pit traps they like to set while luring them to a trap of your own.
Resident47 Jun 15th, 2011
At what point does their endless calls with no caller ID displayed, or numerous no message left calls, become a telephone harassment situation? Every state has their own laws, but what about at the federal level, since these calls are crossing state lines?
According to Ohio law, if you tell a debt collection agency that you do not have the money to pay the bill, they are no longer supposed to contact you by phone.
I have told this company several times and they will not recognize State law and continue to harass me.
Here is the Ohio Law that Portfolio Recovery Associates continues to break:
Fair Debt Collection Practices Act (FDCPA) in Ohio
There are federal and Ohio state laws that protect consumers from malicious and unfair debt collection practices. Facing financial debt is hard enough without inappropriate communications and activities from creditors. The Federal Debt Collection Practices Act (FDCPA) provides protection from a variety of abusive, deceptive and unfair debt collection practices by debt collectors. The FDCPA gives consumers legal protection from certain forms of debt collection methods, including:
• Calling at a location known to be inconvenient, such as your place of employment or during inappropriate hours (generally between 9:00pm and 8:00am);
• Calling after being informed that you have legal representation;
• Continued communication attempts by a creditor after being informed that an individual is unable to pay the debt;
• Use of physical or verbal threats or acts to collect debt;
• Publicizing or threatening to make public your debt delinquencies;
• Excessive calling with an intent to disturb or annoy;
• Making false representations that the caller is an attorney;
• Making false threats that failing to pay will result in an arrest, imprisonment or other taking of one’s property;
• Attempting to collect a debt via a postcard;
• Acquiring an individual’s location information from another person, while stating that he/she owes a debt in order to learn of your location; and
• Threatening to deposit, or depositing, a postdated check before the date written on the check.
These actions include only a few circumstances in which a debt collector may be liable for violations of the FDCPA.
This is a scam, as far as I can tell this company just calls people with similar names and demands money.
no message left and no caller ID, I will not return or accept calls like this....
Portfolio Recovery Associates (PRA)never gives up, keeps calling from different numbers, once they figure out a number has been blocked. They never leave a message, so I have no idea who they are trying to reach.
Portfolio Recovery Associates (PRA), LLC
140 Corporate Boulevard
Norfolk, VA 23502
Has offices in Birmingham, AL ; Virginia Beach, VA; Norfolk, VA ; Newsport News, VA; Jackson, TN ; Memphis, TN; Hampton, VA; and Hutchinson, KS
Send a cease-comm via USPS Certified with card. The FTC and many consumer watchdogs explain how to draft one. Learn how to exercise your FDCPA rights at FTC-dot-gov.
Resident47 Feb 10th, 2011
PORTFOLIO RECOVERY seems to never give up ...don't owe nothing to these guys or anyone else as am current.