Are you asking to define the term or for one of the state laws? I would bet the rent that an unregistered user from 4.5 years ago is never replying, and that SoL has been discussed in this long thread. But a refresher probably can't hurt.
I've kept an archive of calls and letters from Portfolio Recovery. It's so far lasted 4 years. I've repeatedly told them to stop contacting me on my cell phone. The debt they are attempting to collect doesn't exist and is a fraudulent collection on an account I closed almost 9 years ago. They always seem to buy a new phone number not on my block list and harass me almost daily. Sometimes on weekends. I've told them repeatedly what they are doing is fraud and I will file a police report. They tell me to send proof the account was closed and paid up... so I did. They deny ever getting the letter even though I sent it certified and they signed for it. They're a scam company and over the years it seems they've gotten bigger and more predatory.
See the problem is that you verbally tell them. This is why it was recommended several times in this thread to send them a certified, return receipt letter. Then they can't say that they were not told. Then when they violate the law, you can sue them and if you are lucky you could get an 82 million dollar verdict against them like that woman did.
"They tell me to send proof the account was closed and paid up... so I did."
They are supposed to mail you proof of the debt and that they have the right to collect it. Calling you for 4 years probably means their "proof" is very scanty and won't hold up in court - which is why they haven't taken you to court over the debt.
The required initial dunning letter is not proof of claim but a summary at best. The time for that and its consumer response window should have passed sometime in 2011. At a wild guess the debt is time-barred and PRA's magic eight ball software and/or house counsel is not recommending a collection lawsuit. Plowing flimsy papers through court hasn't bothered PRA or its debt buyer ilk before.
"When they violate"? That's for the past tense now. FDCPA 1692e(2) bars "false representation" of debt. Maybe toss on TCPA claims for the mobile phone abuse. PRA has docs in hand which should have obviated all subsequent collection efforts, but of course junk debt collectors aren't interested in niceties like proof until they're named as defendants.
} I've told them repeatedly what they are doing is fraud and I will file a police report.
I reckon their reps can't work a day without hearing the same idle threats and more. Until PRA sends men with weapons to your house, police can't help you.
PRA controls hundreds of phone numbers to hurl at your one. Obviously that is defeating your "block-ignore" response as planned. You've let three years of FDCPA violations slide away behind that law's short SoL. Either gather your evidence and claim what's yours in a damage award or lay back and gripe about another four years of nuisance calls.
+2
Blitz
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It seems that PRA has made quite the reputation for themselves. I too have been harassed by these low-life's. In the beginning I actually spoke to them. I've found that they lie without shame. They use the good-agent / bad-agent routine. They are VERY rude, and some of the agents are extremely vulgar.
I've read several instances of people blocking PRA numbers. I tried this for awhile but the list of numbers is so very long and it continues to grow. I found that I was having to constantly add a new number to the block list. If my phone would block the number and I never even got a notification that the number had been blocked it would be great. But my phone doesn't work like that and I still get a notification of the call being blocked. Doesn't it make sense that if I go through the trouble of blocking the number, then I don't even want to know that there was an attempt by that number to call me?
Also, I was wondering if they can tell if their call is blocked. If they can then wouldn't it make sense to assume that they know you are trying to avoid them and that this will motivate them to be more persistent? I think it a better idea to just ignore the call and let it go to voicemail. They never leave a message anyway. If you never answer then maybe the will eventually think the number is dead and give up. So anyway, that's what I do. I screen all calls and if it is not a recognized number then I just ignore it.
BTW, they are trying to collect on a very old credit card debt. Well past the SOL. I actually settled with the CC company. PRA is trying to collect on the difference between the original amount and the settlement amount. And for what it is worth, the settlement amount was far more than the amount that was actually charged on the CC. The remainder was penalties and interest that compounded very quickly after that first late payment. I continued making payments every month but after the fees/penalties/interest compounded I couldn't afford the minimum payment. Like a dummy, I thought I was doing some good by paying what I could buy the CC company didn't even acknowledge my payments and proceeded as if I had paid nothing at all. Every month a new late fee, penalties for being over my limit, which was only reached because of the fees and penalties. And of course the interest rate skyrocketed after the 1st "late" payment.
Glad to say that I learned my lesson with credit cards. I now only use cash or check. If I absolutely must use a CC then it is a prepay. If I don't have money in hand to pay for the purchase, I don't make the purchase.
Go through this thread and read the posts by Resident47, Tamianth , and myself. They contain all the information you need, and provide links to make complaints on the criminal activities of this organization as well as how to deal with them. It sounds to me like you need to get a lawyer and sue them. You might get lucky and get another 82 million dollar judgement against them like that one woman did.
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