Portfolio Recovery Lawsuit Alleges TCPA Violations

A California resident has filed a Portfolio Recovery lawsuit after he allegedly received numerous harassing calls in violation of the Telephone Consumers Protection Act of 1991.

Plaintiff Chris P. states in the Portfolio Recovery lawsuit that the defendant made continuous “robocalls” to his cell phone, even though he did not provide them with his number nor grant permission. Defendant Portfolio Recovery Associates, LLC (PRA) is a Virginia-based company that purchases “junk debt” for pennies on the dollar and attempts to collect on it.

Chris says he had been identified as a Class Member in a class action lawsuit against PRA, which had entered into a settlement with the class. Chris instead opted out of the class settlement and has exercised his right to pursue legal action against the company on his own.

Portfolio Recovery Lawsuit Allegations

According to the complaint, PRA employs a device known as a “predictive dialer” along with other forms of technology in order to call cell numbers, usually without the permission of those being called. Chris argues this constitutes a violation of the TCPA.

The complaint says PRA purchased an account upon which the plaintiff allegedly owed a sum of money, and in an attempt to collect, began making a series of harassing calls to his cell phone. Significantly, Chris says at no time did the plaintiff give PRA his number, nor permission to call.

The technology Chris says was used in making calls to the plaintiff’s cell number is known as an “Automatic Telephone Dialing System,” or ATDS. The TCPA defines such a system as one “which has the capacity to store or produce telephone numbers to be called, using a random or sequential number generator.” Specifically, Chris says the calls were made with a “predictive dialer” that can store and dial virtually any number, and even generate cell numbers at random using a “sequential number generator.”

The plaintiff alleges that these calls were completely automated; no human agent was involved. Once the call was answered, he says there would be a period of silence, followed by a click, after which either an actual person or an “artificial or prerecorded voice” would come on the line.

The Portfolio Recovery lawsuit states the Chris had made a written request to the defendant, instructing them not to call. Because of the persistent phone contacts, he says he was “affected, personally and individually, as he experienced an invasion of privacy, stress, anxiety, nervousness, hypertension, instability, worry, embarrassment, intimidation, and indignation.”

A Corporate Recidivist?

The current Portfolio Recovery lawsuit is not the first time the company has had to defend itself in court. A similar lawsuit was filed by a Florida woman in May 2018, in which she alleged she had received harassing and abusive calls multiple times a day.

As mentioned earlier, PRA was the named defendant in a class action lawsuit which was settled in 2016 for $18 million.

Another class action was filed on behalf of residents of North Carolina, which alleged violations of the state’s debt collection law. According to that class action, PRA failed to provide legal documentation that a debt was owed when they threatened legal action against class members. In June 2018, yet another class action lawsuit was filed in Wisconsin, citing violations of the federal Fair Debt Collection Practices Act.

As the current Portfolio Recovery lawsuit notes, the company “has been sued many times under the TCPA.” Furthermore, Chris argues that as a large corporation “with access to legal advice through its own regulatory department and outside employment counsel,” PRA was, or should have been, fully aware that its conduct was illegal.

Have You Received Unwanted Telephone Calls?

Under the TCPA, business entities who call consumers without their consent can be liable for up to $1,500 per violation. If you have been subject to harassing or unwanted phone calls from PRA or another company, you may be eligible to initiate or join a class action lawsuit or bring legal action as an individual.

The present Portfolio Recovery Lawsuit is Case 8:18-cv-02103 United States District Court for the Central District of California, Southern Division.

Join a Free TCPA Class Action Lawsuit Investigation

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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