I sent RMA a cease & desist letter for an old debt pass the SOL. In my letter I said I will sue them if they report to the CRA's. If they do report, is there something in the FCRA or FDCPA I can reference?
Did you ask them to validate? A C & D is Cease and Desist. You are telling them to quit contacting you about the debt, however, they can contact you one more time: (c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except -- (1) to advise the consumer that the debt collector's further efforts are being terminated; (2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or (3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. If such notice from the consumer is made by mail, notification shall be complete upon receipt. It has nothing to do with their ability to place it on your credit report.
I would only validate if it showed on my credit report. This debt is past the SOL, and near the end of the FCRA reporting period (7.5 years). In a lot of sample cease and desist letters it states that if the CA reports a debt to a CRA when a C&D letter is received they may be sued. I was wondering where this is stated in the FCRA or FDCPA.
