I found FTC opinions LTR's on the matter that state they believe that reporting a charged-of debt to a CRA constitutes "collection activity" and that it is not permissible under the FDCPA for a DC to report. ...but I'd like to have some court decisions on the matter as well. This is a med collection DOFD=06/06, they're not sending collection LTR's but reporting to one CRA, sent validation LTR beginning of month, got green card back, disputed with CRA a few days after I sent LTR, CRA sent notice that CA verified and I've yet to hear back from them.
If you're looking for the caselaw, if it's there, you'll find it here... http://www.edcombs.com/CM/Custom/FDCPA august 2012.pdf Updated as of August 2012.
Thanks Jam -- you gave me homework for the weekend, LOL. I pulled a fresh copy of CR (only CB this account is reporting to) and see this: Comments: Consumer disputes this account information, Collection account Is this something the CA would have inserted, or was this due to my dispute through the CB (which came back 'verified' 3 days after validation LTR was received by CA, but I have yet to receive any documentation from CA validating debt) If I am reading FDCPA's section 807 correctly, once they receive notice from the consumer that the consumer is requesting validation, they need to cease reporting this account until they provide such notice, correct? OR...is simply adding that Comment line (if it was in fact the CA that did it) enough to stay on the no-violation side of the FDPCA?
Hi Mindcrime - Based on everything I've read, I've understood this to mean that the comment itself acknowledges that the account is being disputed, but it's not actively reporting the account until it has or has not been violated. So to answer your question, it's a comment required for the CB to stay on the no-violation side.
Thanks Jason. I wasn't even thinking about it from the CB side (as far as going after them for doing the wrong thing)....I'm not sure though why then it would still have that notation if they already (now 6 days prior to me pulling fresh copy of report, today) claimed their investigation is complete and the account was verified.
