Author Topic: TCPA and Portfolio Recovery  (Read 306 times)

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TheoryofDebt

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TCPA and Portfolio Recovery
« on: October 29, 2014 07:22:29 PM »
Ok, so I've been reading through these boards (incognito) for quite some time, and have found both practical and tactical advice.  One thing I have learned - start your own thread.  So here I introduce you my bout with Portfolio Recovery Services, who are proud owners of my Walmart Store Card.

Ok, so when I applied for my Walmart Store Card in '11, I used my home phone without ANY trace of my cell phone on ANY application, or in my account back end.  I was promised account protection products for free in the event of injury or accident - (CFPB action against then-GE Capital is here: http://www.consumerfinance.gov/newsroom/cfpb-orders-ge-capital-to-pay-225-million-in-consumer-relief-for-deceptive-and-discriminatory-credit-card-practices/, although Synchrony refuses to pony up any cash for me - a person who fell under the action).

So, I defaulted and went about my life.  First call to my cell phone from Portfolio Recovery Services was on August 28th at 1:09PM.  I immediately told them they had no permission to call my cell, told them to C & D future calls and to validate the debt.

Call #49 was placed to my cell phone on October 23rd, 2014 at 8:48PM.  ALL 47 calls between (including the last, so 48) have been autodialed calls to a cell phone they were never given permission for in the first place.

On to the questions:

1) If I hire an attorney, they'll want to go class action (I assume), which cuts down my paycheck potential even if I'm called a representative - how can (or should) I hire an attorney to handle potential settlement?

2) I have all logs (dates, times, call 'from' and what I was doing).  How much or WHAT should I put in an ITS letter? Does anyone have a format they can bleep out for me?

3) What is determined 'negligent' so I know if I'm shooting for $500 or $1500?

They've used 4 different numbers, and all but the first and were autodialed.  Any help would be appreciated, because I essentially want these clowns to send an attorney to Indiana where my court system will eat them alive.  If they go District in Indiana, fine - they'll bear the burden of all expenses to the lawyer that will be shamed in court.

BTW, I believe Portfolio Recovery was ran through the coals to the tune of $700k in New York or West Virginia - maybe I can catch them while they're still stinging?

JROD

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Re: TCPA and Portfolio Recovery
« Reply #1 on: October 29, 2014 07:33:49 PM »
Good Luck and Happy Hunting

CAVU

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Re: TCPA and Portfolio Recovery
« Reply #2 on: October 29, 2014 10:31:16 PM »
Ok, so I've been reading through these boards (incognito) for quite some time, and have found both practical and tactical advice.  One thing I have learned - start your own thread.  So here I introduce you my bout with Portfolio Recovery Services, who are proud owners of my Walmart Store Card.

Ok, so when I applied for my Walmart Store Card in '11, I used my home phone without ANY trace of my cell phone on ANY application, or in my account back end.  I was promised account protection products for free in the event of injury or accident - (CFPB action against then-GE Capital is here: http://www.consumerfinance.gov/newsroom/cfpb-orders-ge-capital-to-pay-225-million-in-consumer-relief-for-deceptive-and-discriminatory-credit-card-practices/, although Synchrony refuses to pony up any cash for me - a person who fell under the action).

So, I defaulted and went about my life.  First call to my cell phone from Portfolio Recovery Services was on August 28th at 1:09PM.  I immediately told them they had no permission to call my cell, told them to C & D future calls and to validate the debt.

Call #49 was placed to my cell phone on October 23rd, 2014 at 8:48PM.  ALL 47 calls between (including the last, so 48) have been autodialed calls to a cell phone they were never given permission for in the first place.

On to the questions:

1) If I hire an attorney, they'll want to go class action (I assume), which cuts down my paycheck potential even if I'm called a representative - how can (or should) I hire an attorney to handle potential settlement?

No to class actions.  Avoid at all costs.  Though a class action would be extremely rare.  Find a good attorney, which will be a challenge in and of itself, and have them file suit.  In many cases the defendant will settle long before you ever see court.  I've got 6 cases with this result, but in my case it was a case of identity theft.  Of those 6 cases 2 were repeat offenders and the cases are working their way through the court system now.   I've got a great law office who helped me work through all this mess.  I didn't think I was capable to handle the court system on my own and I was right.  Unfortunately the lawyers take a good portion of the money so don't expect to get rich. 

2) I have all logs (dates, times, call 'from' and what I was doing).  How much or WHAT should I put in an ITS letter? Does anyone have a format they can bleep out for me?  I wouldn't give them anything up front.  I would just say you have X number of class and you are willing to discuss settlement.  But get better opinions from the board.  As I said I lawyer-ed up and left it in their hands. 

3) What is determined 'negligent' so I know if I'm shooting for $500 or $1500?  It's going to be very rare that you see $1500, almost impossible.  In most cases you'll be lucky to see $500 per call.  I did get $1500 per call in one case but only because a debt collector was trying to collect on my deceased fathers credit card.  They broke a number of rules on that one with clear evidence of violations, including the fact that at no point was my name or cell phone on any application.  Long story short great attorney took care of it for me.  I just had to record the phone calls.  He took care of the rest.  Never went to court. 

They've used 4 different numbers, and all but the first and were autodialed.  Any help would be appreciated, because I essentially want these clowns to send an attorney to Indiana where my court system will eat them alive.  If they go District in Indiana, fine - they'll bear the burden of all expenses to the lawyer that will be shamed in court.

BTW, I believe Portfolio Recovery was ran through the coals to the tune of $700k in New York or West Virginia - maybe I can catch them while they're still stinging?

Keep records of all the calls.  Voice recordings if you have them.  pictures of caller ID.  Eventually you will need to subpoena your phone records.  But you can't do that until you file suit.  I highly recommend you get an attorney for potential cases of this magnitude.  One of my cases is worth somewhere between 100K-350K.  No way am I going to risk that on a DIY case.  47 calls meets the level that I would call in the professionals.  By yourself you could expect a settlement of somewhere between 5-10K at the very best case.  Probably a lot less.  They are going to pay you to go away just to avoid the attornies fees.  But if you take it all the way they are going to fight it.  If you are ok with 2500 do it.  If you want more hire an attorney. 
What the heck do I know?  If I were a lemming I would be #2 in the pile at the bottom of the cliff.

TheoryofDebt

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Re: TCPA and Portfolio Recovery
« Reply #3 on: Yesterday at 11:39:51 AM »
Thank you for that.

Well, I think you're right - my goal is to strike hard and scare their checkbooks open.  If I (or an attorney) let them know a motion for discovery will only render the obvious, they'll gladly push me away for $20k.  I assume if I send an ITS alone, I should START at $15k and take their counter?

They can subpoena anything they want - my logs match my T-Mobile bill - so I dare them to pull the 'discovery' card.  Then I will compel them to present evidence of how they managed to conjure my cell phone number off a home phone that's not in my name.

kevinmanheim

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Re: TCPA and Portfolio Recovery
« Reply #4 on: Yesterday at 12:10:28 PM »
There is an arbitration clause in the CC contract that limits class actions. Unlikely Portfolio will allow a class action.

Besides, why would you want to be involved in a class action? So you can wait 3 years to get 1/4 of what you would get as a single plaintiff? Class actions are only good for attorneys.

Find a TCPA attorney. Your case is probably worth about $25,000, with you getting 60% of that. It should be an easy settlement if you get an attorney who knows the TCPA.

Go on PACER and find an attorney who has already sued Portfolio for TCPA violations. Contact them about your case. They will be happy to hear from you if what you wrote is accurate. They've already written the complaint in their other case(s) against Portfolio, and only need to change it to fit your details. They also may have a good relationship with Portfolio's in house attorneys, making settlement easier. 

Without an attorney, I doubt you will recover more than $5,000.

stuck in nc

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Re: TCPA and Portfolio Recovery
« Reply #5 on: Yesterday at 01:37:28 PM »
The problem with PRA is that they already are engaged in several MDL's (class actions), you file suit, you risk a good chance of having them motion to have your case consolidated with the existing MDL and then you walk away with a check for 40 cents when it is settled.  As strong as your case is, you realistically will only walk away with $2000-2500 as a pro se.  If you get a very strong TCPA attorney, you stand the chance of getting much more, but you need to find one who is not scared to fight and can successfully fight off any joinder motions in federal court.

Trust me, I know from experience.

Brunothe JDBKiller

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Re: TCPA and Portfolio Recovery
« Reply #6 on: Yesterday at 01:44:28 PM »
How far along are the MDLs? If they are close to settlement or a verdict, he could wait them out. I believe he has four years on the SOL.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

TheoryofDebt

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Re: TCPA and Portfolio Recovery
« Reply #7 on: Yesterday at 02:47:27 PM »
I wasn't registered with PACER, so I just did.  They said I will get a code on the mail.

So I went and searched "attorney+sued Portfolio Recovery" and found this guy out of Pennsylvania named Greg Artim who appears to know them well.

If anyone else has an attorney I can contact that knows PRA, please let me know.  I do NOT want to participate in a class action, so any attorney that mentions this won't see my logs or get retained. 

Filing pro se would probably not be a good idea, so I concur with the above poster who stated that.  I lack legalese, and JDB lawyers love to throw weight around where legal virgins are concerned.

kevinmanheim

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Re: TCPA and Portfolio Recovery
« Reply #8 on: Yesterday at 02:59:14 PM »
No one here should recommend an attorney for you. You should have no trouble finding one based on a PACER search of Portfolio.

Look for the attorneys who put up a fight. The ones who settle fast are usually accepting low offers.

The attorneys willing to go a few rounds, survive motions to dismiss, are the ones you want to talk to.

Brunothe JDBKiller

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« Last Edit: Yesterday at 03:31:02 PM by Brunothe JDBKiller »
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

 

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