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Financial crunch

In announcing penalties against PRA, the CFPB charged the company with initiating thousands of “legal actions” against consumers when it “lacked proper documentation about the debt.” This also wasn’t the first time the CFPB held PRA under the microscope. The agency noted violations of a previous order against PRA.

“After getting caught red-handed in 2015, Portfolio Recovery Associates continued violating the law through intimidation, deception and illegal debt collection tactics and lawsuits,” CFPB director Rohit Chopra stated in a March 2023 news release. It was not specified where any violations may have occurred.

Furthermore, in 2024, PRA settled a class-action lawsuit in North Carolina for $5.75 million. The suit alleged that PRA violated state law by obtaining default judgments against debtors without filing sufficient evidence to substantiate the debts.

“You don’t know who these people are, and they’re suing on debts that were owed years ago that you, for some reason or another, could not pay or did not pay,” Jason Pikler, an attorney who worked on the class-action case, told 12 News. “Most people, unfortunately, do not respond to these lawsuits, and the debt buyer then can move forward with getting a default judgment.”

Despite being penalized for millions of dollars, PRA estimates future collections in the billions.

Back in Arizona, a strange twist to the Munoz case: After being served the lawsuit, Munoz did some digging. She says a different Anne Munoz in Missouri had been sued by PRA for the same debt she had been. News 12 says it confirmed a separate Missouri lawsuit had been filed in April for the same debt. That suit was eventually dropped.

News 12 reached out to PRA, asking about its work to verify debts in its Arizona lawsuits. The company replied: “As a practice, we do not comment on specific legal matters. However, please note that we adhere to strict local, state and federal regulatory and statutory requirements, while seeking to define the highest standards in the industry. We also strive to act with integrity and treat our customers with respect and empathy at all times.”

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Debt collection red flags

Getting a message from a debt collector can be stressful and overwhelming, but it’s important to respond in a timely and appropriate manner. Some collectors may rely on fear and forgetfulness in the hopes an unwitting consumer will pay. Here are three red flags to watch out for and what to do if you see them.

1. Unfamiliar or outdated debts

Consumers may be sued for debts they don’t recognize or are simply old, but it’s important to note there’s a statute of limitations on suing to collect debt. According to the FTC, after the statute of limitations runs out, the debt is considered “time-barred,” and it is against the law for the collector to sue you for payment. However, if you acknowledge the debt or pay a portion of it, it resets the clock on the statute of limitations. Also, note that how long a statute of limitations can last varies by state and type of debt.

2. Lack of documentation

Debt collectors are required to provide validating evidence of the debt they're attempting to collect. According to the CFPB, that documentation must include the name of the creditor, the account number (if any), the current amount owed and an itemized bill that lists the debt and any interest, payments and late fees. Consumers have 30 days to dispute in writing the debt upon receipt of this information.

3. Aggressive tactics or intimidation

If a debt collector uses threats or pressure tactics, such as threatening harm or arrest, this is against the law. Consumers should report any illegal or harassing practices to the CFPB, FTC or your state’s attorney general.

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Danielle Antosz Freelance contributor

Danielle Antosz is a freelance contributor to Moneywise.

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