If a CA responds to a CB request for verification of an account, but does so before responding to a consumers request for validation (and consumer can prove CA had consumer request before it had CB request), should the consumer still wait out the 30 days from when the CA received the DV letter OR, can the consumer immediately send DV#2 out going right for the kill outlining sections of FCRA & FDCPA CA violated.
Ditto! ... just read about sending a CB request once you receive your CMRRR back from sending the DV letter in hopes the CA will slip up and verify the info with the CB before sending you the requested info on the DV LTR. I also don't see where FCRA & FDCPA talks about timeline responses. Couldn't the CA verify with CB first and then send youthe same verification documents by snail mail?.. it leads me think the 30 days must be waited out. But by waiting out 30 days and the CA not sending you anything, isn't that just a violations in and of itself? What is it that sending the CB a request right after a CMRRR LTR supposed to "catch the CA" doing something wrong?
I think this is a bit nitpicky...I think a judge would say the same. For example, you send a DV letter to a CA which is signed for on 1/15, then you dispute with the CB on 1/16, then the CA's response to your validation request is postmarked 1/18, does that automatically mean they verified before validating? On its face, yes. But in reality, business mail does not always go out the same day it is drafted. Therefore waiting 30 days for a response would be wise before pulling the trigger on an FCRA violation.
In this case it's been 8 days since the CB claimed the CA verified account. I realize mail sent from a business does not always go out the day the letter is printed, but if my DV LTR got to them in 3 days, 6 postal days is more than enough time for them to have furnished me with some sort of validation on this. ....but I can wait an extra few days just to be the nice guy.
Well, my perspective is this... 809 says "obtained and mailed" THAT is the key, just putting it in the pile waiting to go out doesn't equate to MAILING. The time-frame I would personally use is 5 business days after you received the confirmation they verified to make sure it wasn't postmarked on time, but if nothing arrives, I would skip to ITS with suit.
It's now been a total of 45 days since CA received first DVL, and 15 since they signed for second DVL...zero response from them, with exception of them verifying to CB a week or so after first DVL. Haven't disputed through CB again (for second time) though maybe I should; they're apparently not interested in acknowledging me, so serving them with papers may be the only route....sad considering its less than 6 months till it falls off anyway.
