Thread: Disputes via phone vs written ?

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:

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.

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:

§ 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.

JohnM


(I know I should have done it via mail, but I didn't - Mea Culpa)

Bumpage....

I'm ready to take these guys on.(court)..do I have violations already...(I believe I do)..and should I send notice of intent to sue next or restart with a valdation letter ?

They are also reporting the account as a "new" collection".They reported it as assigned to them on May 2002 when it is a 1998 chargeoff and has been in collections since 1998 and has been sold 5 or 6 times. I would say say that is reaging, my EQ report says as a neg, "new collection account less that 4 months old!"


Any thoughts would be helpful, This is going to be my first court battle and I want it right!

JohnM


Ps.

The only problem I see is proving that you called.

CAs are notorious liars! I would venture to guess that they will claim that they have "no record" of your call.

This is why we sent stuff fax, email, and USPS CRRR. To show the court PROOF that we did what we were supposed to and they are in violation.

Originally posted by SCMomof5
The only problem I see is proving that you called.

I know, I screwed up by doing it via phone. I belived the lying B.... that told me "no written response is needed".

Good things Texas and Virginia are one party consent states for recording!


JohnM