who are those people?
who are those people are they trustable
- 10 years agoFavorite Answer
Portfolio Recovery, a collection agency.
They are facing lawsuit after lawsuit AFTER lawsuit:
Lawsuit claims that Portfolio improperly filed claims against consumers with an arbitration service it knew to be biased in its favor.
Atlanta, Ga. (PRWEB) December 17, 2009 -- Atlanta-based law firm Webb, Klase & Lemond, LLC has filed a class action lawsuit against debt collection firm Portfolio Recovery Associates, LLC alleging that Portfolio improperly subjected consumers to arbitration with National Arbitration Forum, Inc. ("NAF"), an arbitration service it knew to be biased in favor of creditors. All persons who have been victimized by a Portfolio arbitration through NAF may eventually be included in the class of persons covered by this lawsuit.
According to the lawsuit, the Plaintiff fell behind on his account with MBNA, a national credit card company. Portfolio then purchased this debt and filed an arbitration claim with NAF. The NAF arbitrator awarded Portfolio an amount that was much greater than the Plaintiff's true debt.
The complaint alleges that Portfolio misrepresents to consumers that NAF is an unbiased, neutral entity that will give them a fair hearing. However, according to the suit, Portfolio is aware that NAF is beholden to creditors and renders decisions against consumers nearly 100 percent of the time. Despite its knowledge of these facts, Portfolio accepted NAF judgments and moved to enforce them in various courts. The Minnesota Attorney General has recently sued NAF based on its improper practices and NAF has agreed never to arbitrate consumer matters again. NAF's settlement with the Attorney General, however, does not void any arbitrations that have already occurred.
The Plaintiff has brought claims for unconscionability, breach of contract, violation of the Fair Debt Collection Practices Act, negligent misrepresentation, and contravention of public policy. The case was brought in the Superior Court of Muscogee County in Columbus, Georgia but was removed to federal court. The case, styled Barkwell v. Portfolio Recovery Associates, LLC, is pending in the United States District Court for the Middle District of Georgia and has been assigned Case Number 4:09-CV-113-CDL. The case is likely to be remanded to the Superior Court but will still, with court permission, pursue claims on behalf of all persons in the United States who were victimized by Portfolio.
If you wish to discuss this action or have any questions concerning this press release, please contact E. Adam Webb, Esq. by e-mail or by calling (770) 444-9325. Webb, Klase & Lemond, LLC is a law firm that practices complex litigation with a focus on litigation arising from wrongful deprivations by corporate and government entities. You may visit our website at www.WebbLLC.com.
Attorney General Koster takes action against fraudulent debt collectors
--Koster says businesses tried to collect debts people didn't owe--
St. Louis, Mo. - Attorney General Chris Koster today filed suit against two debt collection companies that are operating scams to collect debts from citizens who do not owe the money.
Koster filed law suits in St. Louis against Portfolio Recovery Associates, a public company based in Virginia, and Professional Debt Management located in Kansas City.
Koster said Portfolio buys old and bankruptcy-discharged debt, often from another bad debt buyer, and then tries to collect, sometimes through court action. He said the company often is attempting to collect on accounts that are already paid or have been discharged in bankruptcy; sometimes they try to collect from the wrong consumer or for the wrong amounts. He said the company has threatened to garnish consumers' social security checks, which they have no authority to do, and has refused to provide consumers with proof that the debt is valid.
Koster said Professional Debt Management uses scare tactics, leaving messages on consumers' phones that there is an emergency. He said that like Portfolio, they attempt to collect on accounts already paid or from the wrong party.
"The Attorney General's office intends to take aggressive action to protect Missouri consumers," Koster said. "I am asking the court to issue a permanent injunction prohibiting these companies from violating consumer protection laws and to order that they provide full restitution to the people they have harmed."
Koster also is asking that the court impose monetary penalties and require the companies to pay all court costs.
http://ago.mo.gov/newsreleases/2009/Fradulent ... am_gets_busted/