HELP quicky please

How do you know that it is your account? I think that they have to validate whether or not a collection is paid.

 

If they are reporting something about you to the CRAs, they are bound by the FCRA.

 

By this reasoning, they should not be verifying the debt when you initiate a dispute with the CRA's.

If you dispute with the CRA's and they verify without validation, then I'm pretty sure that's a violation. Have you done so already?

Ask them if they will verify...

 

A QUICKY!!!!!!! my fave! ;-)

They're right, they can validate or cease collection. However, ceasing collection includes NOT reporting, 'cause reporting says the FTC big doggies via their opinion letter IS a collection activity.

tell them: bzzzzzzzzzzzz, wrong answer. Validate or delete.

Did you dispute with the CRA's? That would force them to do one or the other.

Sassy

 

Bruhahaha...


tell them to BRING IT!!!

 

They verified too!

bzzzzzzzzzzzzzzz, violation.

Can't have it both ways getting-on-ohnostuck's-last nerve-CA.

Once you request validation they either have to provide that validation of cease reporting.

Verifying without providing validation won't make the big doggies happy.

Reporting and continued reporting are collection activities.

They must not get it, if they don't want to validate then they can cease collecting, including reporting.

If they are collecting (reporting) then they have to validate.

So, though they say they aren't collecting, they are really just lying through their teeth.

hmmm, I wonder if they even have teeth ;-)

Did they mark it as disputed by consumer?

Sassy

 

Direct from the big doggies:

http://www.ftc.gov/os/statutes/fdcpa/letters/cass.htm


UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
WASHINGTON, D.C. 20580

Federal Trade Commission

December 23, 1997

Robert G. Cass
Compliance Counsel
Commercial Financial Services, Inc.
2448 E. 81st Street, Suite 5500
Tulsa, OK 74137-4248

Dear Mr. Cass:

Mr. Medine has asked me to reply to your letter of October 28, 1997, concerning the circumstances under which a debt collector may report a "charged-off debt" to a consumer reporting agency under the enclosed Fair Debt Collection Practices Act. In that letter, you pose four questions, which I set out below with our answers.

I. "Is it permissible under the FDCPA for a debt collector to report charged-off debts to a consumer reporting agency during the term of the 30-day validation period detailed in Section 1692g?" Yes. As stated in the Commission's Staff Commentary on the FDCPA (copy enclosed), a debt collector may accurately report a debt to a consumer reporting agency within the thirty day validation period (p. 50103). We do not regard the action of reporting a debt to a consumer reporting agency as inconsistent with the consumer's dispute or verification rights under § 1692g.

II. "Is it permissible under the FDCPA for a debt collector to report, or continue to report, a consumer's charged-off debt to a consumer reporting agency after the debt collector has received, but not responded to, a consumer's written dispute during the 30-day validation period detailed in § 1692g?" As you know, Section 1692g(b) requires the debt collector to cease collection of the debt at issue if a written dispute is received within the 30-day validation period until verification is obtained. Because we believe that reporting a charged-off debt to a consumer reporting agency, particularly at this stage of the collection process, constitutes "collection activity" on the part of the collector, our answer to your question is No. Although the FDCPA is unclear on this point, we believe the reality is that debt collectors use the reporting mechanism as a tool to persuade consumers to pay, just like dunning letters and telephone calls. Of course, if a dispute is received after a debt has been reported to a consumer reporting agency, the debt collector is obligated by Section 1692e(8) to inform the consumer reporting agency of the dispute.

III. "Is it permissible under the FDCPA to cease collection of a debt rather than respond to a written dispute from a consumer received during the 30-day validation period?" Yes. There is nothing in the FDCPA that requires a debt collector to continue collecting a debt after a written dispute is received. Further, there is nothing in the FDCPA that requires a response to a written dispute if the debt collector chooses to abandon its collection effort with respect to the debt at issue. See Smith v. Transworld Systems, Inc., 953 F.2d 1025, 1032 (6th Cir. 1992).

IV. "Would the following action by a debt collector constitute continued collection activity under § 1692g(b): reporting a charged-off consumer debt to a consumer reporting agency as disputed in accordance with § 1692e(8), when the debt collector became aware of the dispute when the consumer sent a written dispute to the debt collector during the 30-day validation period, and no verification of the debt has been provided by the debt collector?" Yes. As stated in our answer to Question II, we view reporting to a consumer reporting agency as a collection activity prohibited by § 1692g(b) after a written dispute is received and no verification has been provided. Again, however, a debt collector must report a dispute received after a debt has been reported under § 1692e(8).

I hope this is responsive to your request.

Sincerely,

John F. LeFevre
Attorney

Enclosure

 

I am in the same exact position. They have verified twice with the CRA's and have actually sent me a letter today stating that they do NOT have to validate since I did not dispute within the 30 days after they reported to CRA (May 98)and that it is paid (I paid OC because I didnt know CA had an account, plus OC had to deduct what I didnt owe them)!!!

 

Last Nerve CA
Last Nerve, USA

Certified mail return receipt requested #

RE: bogus acount name, bogus account #

Dear Last-Nerve-CA,

On xx/xx/xx, you advised me that you were no longer attempting to collect the above referenced debt and therefore were not required to provide the validation documentation.

Please be advised that you are in violation of the FCRA and FDCPA, as follows:

The Federal Trade Commission (FTC) has deemed reporting and continued reporting after a dispute is received to a consumer reporting agency as a violation of the Fair Debt Collection Practices Act (FDCPA).

The FDCPA requires debt collectors to report that an account has been disputed.

The FDCPA requires that once a dispute is received, collection activity must cease until validation is provided.

The FCRA requires that only accurate information be reported and imposes a duty of information furnishers to correct and update information.

The FCRA requires that in response to a dispute a reinvestigation be conducted and any information furnished that is not complete or accurate be corrected.

The FCRA requires that you not furnish to the CRA's any information that remains incomplete or inaccurate.

Both the FCRA and FDCPA provide penalties for willful non-compliance and negligent non-compliance.

On xx/xx/xx, I disputed the validity of this alleged debt and requested validation.

Validation has not been provided. You may cease collection activity (as you have advised me) instead of providing the requested documentation. However, as clarified by the FTC, to cease collection activity means to cease reporting as well.

On xx/xx/xx, I disputed the tradeline with the consumer reporting agency(ies).

In further violation of the FCRA and FDCPA you verified the tradeline with the consumer reporting agency(ies).

As I had previously advised you of my dispute, your continued actions and collection actions in particular, can be considered nothing less than willful.

To cure these violations, you must delete the above-referenced tradeline, in its entirety, and ensure that it does not appear again on any consumer reports from any consumer reporting agency.

Please provide me with written verification of the deletion, to the above-listed address, within the next xx days.

Should you choose not to comply with my request, I may be compelled and reserve the right to pursue any and all legal remedies available to me. Including filing complaints with the FTC, BBB, Attorney General, State Department of Banking, and the Secretary of State; as well as initiating legal action.

Please be advised that the complete FCRA, FDCPA and the referenced FTC Staff opinion letter are all available without charge at www.ftc.gov should you require further verification of my cited sources.

Thank you in advance for your attention and prompt resolution of this matter.

Ohnostuck

 

I would like to thank you too Sas!!! I have also modified a bit to include that the initial contact was when I pulled my reports in June, and not when they claimed to have sent me a letter in 1998 (which I never recieved) since that was their "reason" was that I did not respond during the 30 day period.

Forever grateful and indebt

 

And don't forget;

In the case of FTC Vs. United Creditors Alliance Corporation:

Jodie Bernstein made the following very usefull statement.

"In the past few years, the FTC has taken action against approximately 20 individuals and companies for alleged debt collection practices abuse. "Among the Commission's concerns in these types of cases," said Jodie Bernstein, Director of the FTC's Bureau of Consumer Protection, "is that some consumers may not actually owe the debts, but may pay them in order to stop the abuse."

Go to:

http://www.ftc.gov/opa/1996/9609/uca.htm

And print out that case for future ref.