Portfolio Recovery Assn (PRA) is a debt collection agency that purchases pools of commercial and noncommercial payment

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Portfolio Recovery Ass’n (PRA) is a debt collection agency that purchases pools of commercial and noncommercial payment obligations that lenders have been unable to collect. One of the debts was that of Dunham. PRA sent a form notification letter to Dunham requesting payment. It also stated, “unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt . . . this office will assume [it] is valid.” Dunham sent a letter disputing the validity and demanding validation of the payment obligation. 


PRA sent him the name, address, and the last four digits of the debtor’s social security number, among other information. Dunham recognized that the four digits did not match his social security number. Dunham did not respond but several months later filed suit against PRA for violating the FDCPA because it failed to state that it verified information with the original creditor. PRA argued Dunham could not sue because he was not the intended recipient of its letter. Was Dunham a consumer who could sue under the FDCPA? Why?

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Law for Business

ISBN: 978-1259722325

13th edition

Authors: A. James Barnes, Terry M. Dworkin, Eric L. Richards

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