Portfolio Recovery Associates committed fraud, misrepresentation and misconduct while defending itself against private allegations of violating the FDCPA and state law. Judge Lee P. Rudofsky, after being informed about the allegations against the debt buyer, dismissed the case on summary judgment anyhow.

The CFPB was able to obtain a $25 million settlement against PRA for similar claims in a public suit filed in March 2023.

There was an $83 million verdict returned in a private case against PRA in 2016, based upon the same kind of fraud, misrepresentation and misconduct.

The Doc of the Day is the motion I filed requesting more time for discovery or sanctions for Portfolio Recovery’s destruction of evidence. Also included is Judge Rudofsky’s response.

It was within Judge Lee P. Rudofsky’s discretion to allow for more time to let the defendant correct its spoliation of evidence. He refused. Therefore the case shall be challenged pursuant to FRCP Rule 60 and then, if Judge Rudofsky does not correct his errors, by appeal.

If you are a plaintiff’s attorney who handles FDCPA claims against any of the PRA Group, Inc. subsidiaries, please contact me to discuss representation. bohemian_books@yahoo.com.