This page has a copy of a letter I got last week from American Agencies. In looking over the FDCPA it looks like there are several violations. This CA started reporting to TU and EXP in June, after the 11th, because it's NOT on my tri-merge from 6-11, though the open date is being reported as 4/2002. (Is this the 60 day tape delay?) TU has last reported also 4/2002, while EXP shows 6/2002. Interestingly, EXP shows reported since 9/1998, even though the reported open date is 4/2002! The original creditor has been unable to provide me with enough information to prove the debt is still owed, but has also never tried to collect directly. (Unfortunately I didn't document anything when I was trying to fix this last year.) This is an old phone bill, and I am quite certain there was no provision to charge interest on a closed account. I count the following violations of the FDCPA: 1) The reference to Article 3 of the California Civil Code is a possible (but I admit shaky), 807(7) violation: "The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer." 2) They should know that no interest is allowable on this account, thus violating 807(8) by reporting a higher balance than what is owed to the CRA's: "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." 3) Not sure if 808(1) applies, because I have not paid them anything. "The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law." 4) There is no notice of rights as required by 809(a). As you can see from the date of the letter, it was sent the 11th. I received it on the 15th, I think. Maybe, just maybe, there is another letter on the way, but I seriously doubt it. "Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing-- (1) the amount of the debt; (2) the name of the creditor to whom the debt is owed; (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector; (4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and (5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor." Hmmm, I actually thought I had more violations. This is just from a literal reading of the FDCPA and the accompanying FTC Staff Commentary. Please take a look and see if I am wrong or missed anything. Is this enough by itself to pursue action against this CA? I am not as much concerned about removing it from my reports, as I don't think that will be hard, but I wouldn't mind roasting these jerks if the possibility exists )
Jambe, I have the pretty much similar situation. I got the exact same letter you got from them. But I never had any debt or what so ever with any creditor. I am very sure they did the violation. That's why I filed lawsuit against American Agencies in a small claim for $3000.00 damages.Beside requesting for the debt validation I filed complain with State attorney General, Better Business Bureau and FTC against this company. I have court date next month. I will see how it goes and I will keep you all posted with the verdict I will get from the Small claim court soon . Please let me know what you doing to keep them off your toes. And I will sure appreciate . Good luck.
Have you thought of forwarding it to the FTC for their opinion? It would look mighty good in court to have a statement from the FTC that cooks their goose. BTW, I think you're on target, but I would need to go back and look in more detail.
What they mean when they said " We are been informed you are applying for credit".Why American Agencies did not disclose the sources they been informed by? I think it's a violation . What you guys think?
While it does imply that they "are watching you - we know where you live", I don't think they violate anything in the FDCPA if they were notified of activity on my CR. I'd be happy to be wrong on this ) However, if they found out by making an inquiry I think it may violate FCRA, because they have no permissable purpose. I won't know that though, until Experian sends my access codes in the mail and Privista updates. I really think they must have just purchased the account, and may or may not have even seen my CR. Actually, the more I think about this the more I realize I am sitting here worried about how they know I recently applied for credit. Considering this is a form of intimidation, it probably falls under 806, Harrassment or Abuse, but I still find it shaky at best. It may be that their letter is carefully crafted in such a way as to barely pass FDCPA, but that still leaves the failure to provide notification of rights. Not to mention I will be disputing, and they will have plenty of chances to rack up more serious violations.
