Knowing that both will receive results, I'm thinking of using my state statutes for CA violations. I've drafted my suit with FDCPA, but am thinking of using the Statutes since my CA is in the same state as me. The verbiage of the statute is as follows: (6) Disclose information concerning the existence of a debt known to be reasonably disputed by the debtor without disclosing that fact. If a disclosure is made prior to such reasonable dispute having been asserted and written notice is received from the debtor that any part of the debt is disputed and if such dispute is reasonable, the person who made the original disclosure shall reveal upon the request of the debtor within 30 days the details of the dispute to each person to whom disclosure of the debt without notice of the dispute was made within the preceding 90 days; (Very wordy statute, but essentially says the same thing as the FDCPA). I have two instances of the CA not validating and reporting to the CRAs after I disputed with the CRAs. And the paper trail to prove it. I like the idea of the statute since I'll be in small claims within the jurisdiction of both myself and the CA. Any ideas?
I don't know if it makes a difference since you are in small claims? Does the California statute have a damages section of the statute and does it create a private right of action for violation of the statute?
I'm not to sure. I'm in Florida. You bring up a good point as to the right of private action. I found this tidbit in my state statutes though: 559.552 Relationship of state and federal law.â?? Nothing in this part shall be construed to limit or restrict the continued applicability of the federal Fair Debt Collection Practices Act to consumer collection practices in this state. This part is in addition to the requirements and regulations of the federal act. In the event of any inconsistency between any provision of this part and any provision of the federal act, the provision which is more protective of the consumer or debtor shall prevail. I like it! Seems that I win both ways. I'll use the Federal act for my case. Thanks for your input!
One advantage of using state statues is that the case probably can't be removed to federal court. You need to make sure there's a private cause of action, though. Many state statutes don't seem to have this.
