Hey guys, I've been boning up on FDCPA. I'm researching my options on dealing with a collection agency. This debt collection agency has the name "Credit Bureau of XXXXXXX." I found a FDCPA staff opinion letter - http://www.ftc.gov/os/statutes/fdcpa/letters/isgrigg1.htm - that tells a debt collector that they can't use the name "United States Credit Bureau." According to the FTC staff person, this violates (807) because the name implies the debt collector is a credit reporting agnecy. What do you think - does this count as a violation? I've noticed a lot of these little CA's with the name "Credit Bureau of XXXXX" Feedback appreciated. I searched the board but didnt find this issue raised before. Cheers, Tom
I'm curious too, I've CBE showing on mine and the online database of the state shows this: CBE GROUP SW, INC. {THE} 3362 UNIVERSITY AVENUE WATERLOO, IA 50701 (800) 925-6686 home office #0904375 Started:09/05/2001 CREDIT BUREAU ENTERPRISES a DBA of CBE GROUP SW, INC. {THE} 3362 UNIVERSITY AVENUE WATERLOO, IA 50701 (800) 925-6686
hmmmmmm, found this thread, still reading: http://consumers.creditnet.com/stra...?threadid=9612&perpage=20&pgnum=&pagenumber=1
Thanks sassy - I don't see that that link answers the fundamental question of: Is the mere use of a name like "Credit Bureau of XXXXXXX" misleading enough to be a violation of FDCPA that prohibits pretending to be a credit reporting agency? Here is the part of the letter: "The FDCPA does not prohibit a debt collector from operating a consumer reporting agency. However, only a bona fide consumer reporting agency may use names such as "Credit Bureau," "Credit Bureau Collection Agency," "General Credit Control," "Credit Bureau Rating, Inc,." or "National Debtors Rating.""
Re: Expert opinion needed re FDCPA I love it. You've highlighted something that may be helpful to many here. Yes, it's against the law for a CA to do anything that would suggest that they are a CRA or a governmental or quasi-governmental agency. I would imagine that a well-written letter, accompanied by the appropriate FTC letter you cite, and a formal typed legal complaint/pleading, might give them serious pause about dealing with you further. Doc
Re: Expert opinion needed re FDCPA nodding with PsychDoc, that's exactly how I read it. I scrolled through the department of banking's online listing for Arizona, there's TONS of them in violation of this. While I don't doubt that they would all be so stupid in choosing company names, since there are SO many, I was wondering if anything subsequent to the opinion letter overruled that opinion? Looks to me like, they are all willing to take their chances in being busted.
Re: Expert opinion needed re FDCPA yes, this is old, but has anyone had any success using this approach? also, sassy, if you read this...Did you get rid of CBE? and how in the #&%@! did you do it? i have a paid collection w them thats about 2 yrs old. thanks.
Re: Expert opinion needed re FDCPA i jsut got off the phone with CBE. Seems they USED to be an Equifax affiliate, but not anymore. They were a CRA and CA, but now 'just' a CA. according to the CSR i spoke with, they changed their name from Credit Bureau Enterprises to CBE when they stopped using Equifax's database. (weird...to me, thats the same name still.) think this "you cant use that name" approach still could work?
Re: Expert opinion needed re FDCPA It worked for me under a totally different set of circumstances..... I had a medical account purchased by MEDCLR. Everything directed me to NCO in PA. But ALL dunning letters and CRA listings were labeled MEDCLR. I challenged them stating that they cannot legally collect under ANY other name except the name NCO. (They claim that they do not own MEDCLR.) I filed complaints with FTC and the state of PA (since MEDCLR is not registered in PA but is "using" NCOs PA addy!). The TL disappeared along with the typical NCO abuse!
Re: Re: Expert opinion needed re FDCPA SCMomof5, Will you e-mail me ( mrsplaya@hotmail.com ) with some more info on MEDCLR? I have two accounts listed with them on my Credit Report, but I get forwarded to Gold Key Credit, in FL. Thanks, Shorty
