I just finished reading the FCRA and FDCPA and I have a few questions that the the acts left unanswered. How many days does a "person" (furnisher of info e.g. CA) have after receipt of my validation request to report my account as disputed to the CRAs? The FDCPA says that after the initial contact the consumer has a 30 day window to validate? What if I never received any contact from them and the only notification was when I checked my CR? I am sure that I am not the first or the last person to ask these questions but I can't locate the answers amidst the volumes of posts. --Delgato
Unfortunately a set number is not to be found. I started those types of letters with something like "this is the first time I became aware of the debt. Don't know if it would hold up in Court, but I attacked them with that presumption [/QUOTE]
Re: Re: FCRA and FDCPA Question [/QUOTE] Could the following case be made? Acoording to the Cass letter "...we believe that reporting a charged-off debt to a consumer reporting agencey, particulary at this stage of the collections process constitutes collection activity on part of the collector.." So if reporting is a "collection activity" and the CA reported to the CRA without sending a letter as stated in FDCPA 809(a) are they not in violation as mentioned in 813(a) I'd thought I'd toss that out there for you legal eagles to chomp on.
Re: Re: FCRA and FDCPA Question That statement you quoted is a bit out of context. I haven't found anything that stops them from reporting first and asking questions later
Re: Re: FCRA and FDCPA Question After further thought, I don't think that will hold up. Their defence could be simply, we didn't know the consumer's address.
