I have read so many different opinions on the laws for validations. Here are my questions, I would appreciate any help, also if you have the FCRA verse please list it. 1. Is a validation letter for the OC and the CA? 2. If I sent a letter to OC and CA, are they both suppose to contact the CRA and state that the item is in dispute. 3. What if they don't put it in dispute? 4. I also tried disputing it with the CRA and they have all come back remains. 5. What are they suppose to do if I sent them a validation letter and I try disputing it with the CRA? (they have not notified CRA that account is in dispute) I know this is a lot of questions, but I feel I need them answered before I file a lawsuit. The people on this board have driven me to higher place then I never thought I would be at. Thank you.
Valdidation is for the CA's, verification is for the CRA's. Yes they both are. From the FCRA: § 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2] (a) Duty of furnishers of information to provide accurate information. (1) Prohibition. (A) Reporting information with actual knowledge of errors. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or consciously avoids knowing that the information is inaccurate. (B) Reporting information after notice and confirmation of errors. A person shall not furnish information relating to a consumer to any consumer reporting agency if (i) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and (ii) the information is, in fact, inaccurate. (C) No address requirement. A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph (B) shall not be subject to subparagraph (A); however, nothing in subparagraph (B) shall require a person to specify such an address. (2) Duty to correct and update information. A person who (A) regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the person's transactions or experiences with any consumer; and (B) has furnished to a consumer reporting agency information that the person determines is not complete or accurate, shall promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information, that is necessary to make the information provided by the person to the agency complete and accurate, and shall not thereafter furnish to the agency any of the information that remains not complete or accurate. (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. If they do not, it's a violation of the FDCPA and the FCRA for CA's, and violation of the FCRA for OC's. That will happen. Don't give up. They need to place a note on the account that says the consumer disputes it. If you send validation to the CA, CRRR, then wait at least 5 days after they signed for your letter and then dispute the account through the CRA's, the CA cannot legally verify the account to the CRA's without first validating the account to you.
You're welcome. BTW, here are the links to the FCRA and the FDCPA. FCRA: http://www.ftc.gov/os/statutes/fcra.htm FDCPA: http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm The FDCPA is much shorter and easier to comprehend than the FCRA. You'll mostly want to read up on section 611 and 623 of the FCRA and section 809 of the FDCPA. They explain what is expected of the OC, CA, CRA when you request validation, or dispute an account. Over time, read the whole thing. You'll have a better understanding of what you have on your side and how to use it.
Dear Scoreguy, PLEEEZ do yourself a favor before you file and follow Mindcrimes links to the FCRA & FDCPA. Print them out on paper, ( I know they're long but you only need to do it once ). Grab your highlighter, sit down and read EVERY SINGLE WORD. You'll be so glad ya did.
