If a VOD was submitted to a CA and there was no response to a request for additional info, couldn't this be considered 'continued collection activity' if the CA knowingly sells the disputed account to another CA?
Well, I tend to think that it could not be called continued collection activity. However, I believe that there are other sections of FDCPA which specifically forbid that.
Not listed under the FDCPA, however, ACA has posted this, which is where I got the information from. If a consumer requests verification of a debt within 30 days of their receipt of the validation letter from the collector, the collector may either (a) provide verification and resume collection activity, or (b) cease collection activity until verification is furnished. Sometimes, collection activity is halted and the account is returned to the original creditor or cancelled. In that case, if the collector never resumes collection activity on that debt, the debt collector is not obligated to provide verification.
Quite so! ACA is putting out the truth according to the law almost word for word. So let's accept what ACA says as being the whole truth of the matter. Please show us where ACA said that the collector has the right to sell, assign or transfer the debt to another 3rd party debt collector?
It was a statement made by the ACA Ethics and Professional Committee on a conference call in regards to a complaint that was filed. The FDCPA doesn't say that a collector MUST validate, all it says is that if you ask for validation, they must cease all collection efforts until they provide it. It does NOT serve to prevent a CA from dropping the whole thing and selling the debt to yet another CA. They NEVER have to validate, they can just wash their hands of it - ceasing collection efforts themselves - let the next CA do it.
That's the only part of what you are saying that I have a problem with. But then, I don't care to argue about it either. If you want to believe that and end up getting sued then that's your problem. I'd say that isn't very likely to happen any time soon.
I understand where you are coming from, but every agency does it. Anyone can call ACA and ask them if that is legal or not and they will advise it is their choice to do so. You wont find anywhere in the FDCPA that prohibits the sell of a debt just because they choose not to validate it.
And when they sell it, or offer it for sale, do they notify the buyer that the debt is already "in dispute", in accordance with FDCPA: "§ 807. False or misleading representations [15 USC 1692e] A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: ... (8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed. "
I won't dispute that statement but only because I don't have the time to do the research to see if you can be proven wrong or not.
