Portfolio Recovery Associates, LLC is facing legal action, for allegedly violating federal privacy laws and using an automated dialing system to look up phone numbers of customers.
The Portfolio Recovery TCPA lawsuit is being filed by a Michigan man, who had allegedly incurred a debt from the company.
Plaintiff Robert V. had filed this Portfolio Recovery TCPA lawsuit in June 2016, stating the company had attempted to collect a credit card debt from Robert.
According to the claim, Portfolio Recovery had allegedly placed numerous calls to Robert’s cellphone and did not stop even after being asked not to place any more calls.
The Portfolio Recovery TCPA lawsuit states at least 50 unwanted cellphone calls were placed to Robert over the course of four years, each of which were trying to collect on the alleged debt. None of these calls were made for emergency purposes, and the company did not have prior consent from Robert to contact him.
The Portfolio Recovery TCPA lawsuit indicates that Robert is unsure how the company obtained his cellphone number.
Overview of the Portfolio Recovery TCPA Lawsuit
Portfolio Recovery would allegedly place multiple calls a day, only for Robert to hear silence or “dead air” before any representative picked up the line.
The company is facing multiple violations against the Telephone Consumer Protection Act (TCPA) and the Federal Debt Collection Practices Act (FDCPA), by allegedly using automated dialing systems for the specific purpose of collecting on a debt.
Under the TCPA, businesses cannot use an automated dialing system to place phone calls and must gain prior consent from the recipient before placing these calls. Live representatives must be able to identify themselves and the company they represent if the recipient answers the calls.
In addition, the company must stop calling the recipient if asked to be placed on the company’s do-not-call registry. Companies are also prohibited from calling consumers during certain hours of the day, and cannot make calls using emergency lines.
The TCPA was established to help protect consumers against aggressive telemarketing, and can impose fines on companies found in violations. Penalty fees can range from $500 to $1500 per violation, depending if the consumer can prove the company was in willful violation.
The number of unwanted phone calls eventually forced Robert to request a new cellphone number, after feeling stress due to the constant barrage of cell phone calls. Robert is seeking various TCPA damages in his Portfolio Recovery TCPA lawsuit, alleging multiple counts of privacy violations.
The Portfolio Recovery TCPA Lawsuit is Case No. 1:17-cv-00043, in the U.S. District Court for the Western District of Michigan.
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If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.
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2 thoughts onPortfolio Recovery TCPA Lawsuit Alleges Over 50 Collection Calls
Check for 6.76 received 8/25 in Washington State
I have been called twice a day by Portfolio Recovery and several other companies I’m not familiar with. I am on the do not disturb list, both cell and home.