I have a CA that sent me a collection letter, I called (within the 30 day period), told them I disputed and asked for validation, they failed to provide anything. They then reported this item to the CRA’s. I have seen several mentions of the fact that some courts and the FTC now recognize a telephone dispute and request for validation to a CA as valid and a written dispute is not required. Does anyone have any links or references to specific case law? I can only find the following information and it is ambiguous at best.
The FCRA states:
No mention of written notice is required in the FCRA section above. The FDCPA seem to be in conflict on this question, written notice is called for here:623a(3) Duty to provide notice of dispute.
If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer.
§ 809. Validation of debts [15 USC 1692g]
(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt,
I have found also found FTC vs DC Credit Services http://www.ftc.gov/os/2002/07/dcscmp.pdf -see count number 3). Which says that DC Credit should have noted the item as in dispute after phone calls but does not address the validation issue.
The way I read these is a CA most note the debt as “in dispute” when you call, to dispute and ask for validation, but does not have to provide validation unless the dispute request is written. Any other takes on this situation.
(I know I should have done it via mail, but I didn't - Mea Culpa)