8567801000

Consumer Sues Portfolio Recovery Associates LLC for Filing a Time-Barred Collection Lawsuit

by Joseph Mullaney on January 4, 2010 · http://consumerlitigators.com/fair-debt/consu ... ection-lawsuit/

A New Jersey woman hired the Law Office of Dimitrios Kolovos, LLC to file a lawsuit against the debt collector Portfolio Recovery Associates LLC for allegedly violating the Fair Debt Collection Practices Act (FDCPA), the N.J. Identity Theft Prevention Act (ITPA), and for publishing private facts about her. Both The FDCPA and the ITPA are powerful consumer rights statutes regulating the conduct of consumer debt collectors. The Consumer filed her lawsuit in the United States District Court for the District of New Jersey located in Trenton, New Jersey and demanded that judgment be entered against the Defendants for her statutory damages, actual damages, attorney’s fees, and the costs of her litigation.

The Complaint alleges that Portfolio Recovery Associates LLC (a junk debt buyer of old, defaulted debts) unlawfully employed its debt collection agent, Apothaker & Associates, P.C. of Mt. Laurel, New Jersey to file a state-court lawsuit on time-barred, consumer debt. Her Complaint also alleges that Portfolio Recovery Associates LLC disclosed Plaintiff’s private information including her date of birth and social security numbers to the World. “A debt collector is forbidden to file a lawsuit on time-barred, consumer debt,” her attorney Joseph A. Mullaney, III said. “To do so is an unfair debt collection practice and violates the FDCPA,” he continued. What makes the Complaint of particular concern to the public is that it attempts to enforce the ITPA against a debt collector who publishes a consumer’s social security number in the public record. “My client is exposed to identity theft and other unauthorized use of her identity information because Portfolio Recovery Associates LLC disclosed her social security number for anyone to see,” her lawyer continued. “She is afraid someone will steal her identity,” Mullaney finished. The Complaint also seeks punitive damages against Portfolio Recovery Associates LLC for allegedly disclosing the Consumer’s private and confidential information without authorization.

Pennsylvania and New Jersey consumers who believe their fair debt collection rights have been violated are invited to click here for a no-obligation assessment of their consumer law matter.

These little [***]! I'm gonna break their heads on Monday with those lawyers at www.consumerlitigators.com. Just watch! Wont stop calling me all day!

Apothaker & Ass. These people call everyday. Sometimes they leave a message. I never answer and never will  because everything I read about them is bad.

They call everyday even Sunday. Sometimes several times a day. Getting ready to contact my lawyer.

According to www.ConsumerLitigators.com, Apothaker & Associates are real bad apples. They keep calling my cell, but I live in NY. Consumer Litigation Group only has consumer lawyers for PA & NJ. Does anyone have a referral for a NY consumer rights lawyer?

I don't know why they called - I had a debt but it's been paid for a while now.  I haven't called back and I don't think I'm going to.

This people call my phone at least once a month.  With my first name but no where near my last name. They are ridiculous.

apothaker  is  a bum

Calling work number - going to be fired

yes they call me too...who are they?? I dont owe anything to anyone?

We've been getting calls 2+ times a day on our cell phone over the last few weeks. Sometimes they leave no message, but recently they leave a message saying " if this is not Barbara ---- please delete but if it is and you continue listening you acknowledge that you are this person". Every time they call they mention a different persons name. We are none of these people and we owe no one anything. What kind of idiots are these people. Going to report them.

If you have a saving account you better close it, they took all mine emptied my savings account, it's not FDIC protected but checking is!

No messages left, and I don’t have any debts at all

They called my cell phone asking for my ex-husband. I told them this is his ex-wife. They insisted that this was his number.  I said no it's not.  Then they said he had called them from this number on April 17th.  I told them that's impossible because I've had this number for 20+ years and we've been divorced more than 7yrs.  She was acting like she didn't believe me. If they call again I'll be reporting them. I really don't need to be harassed by my ex-husband's debt collectors.

Not debt collectors, extortionists. He is the intended victim of extortion.