Here is one I havnt seen on here.. I sent a CA a validation request 2 weeks ago and got the green card back. Today my manager told me a company faxed him wanting my financial info. It is the company that I sent the validation too, I also sent them a no call letter at the same time. I asked my manager not to give them my info and to give me the fax. There must be some violation here! S313
Thanks for the reply. What kind of damages would I be able to sue for in small claims court? Would this even be a small claims court case? S313
Continued collection activity is a violation of the FDCPA: § 809. Validation of debts [15 USC 1692g] (a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing -- (1) the amount of the debt; (2) the name of the creditor to whom the debt is owed; (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector; (4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and (5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. (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, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. (c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. I probably wouldn't go sueing them just yet. You'll want more than one violation on them. If this debt is reporting, have they marked the collection account 'in dispute'. If not, you've got yourself another violation against them.
