I'll be filing a suit in 10 days. 1.Pulled my report and found a collection. Sent dispute to validate-No response 2.Disputed CRA-They verified. Have copy of report 3. Sent dispute 2 to validate and told them of my ITS if they don't validate. No response. 4. Pulled new report. Not marked 'In dispute'. But I did not dispute the second time with the CRA. Now. I have them for not vaidating (twice)?FDCPA 809 (b) I have them for failure to report as disputed (twice)? FDCPA 807 (8) OR Is there something I'm not seeing? I think I have them twice for each letter. I don't have to be greedy, and just use the one each violation. I never received the initial bill for this and it's a year past the opening of this account. What can their defence be considering that the FDCPA uses the 5 day initial and 30 day opening of account verbiage? Nervous, but not relenting since I'll be filing without an attorney. I want to get this correct the first time. Deletion is my motivation, not money, but a threat of a larger amount for them will solidify my case. Any help greatly appreciated from those who have sued. Mitch
There is no violation for not validating. There is nothing stopping the CA from closing the account, and never contacting you once you dispute. HOWEVER, the 809(b) violation is for VERIFYING the account while under the validation of debts request. They are allowed to upldate the CRA's with the notice of dispute, but they are not allowed to VERIFY the account when you request an investigation.
Oh, and you probably don't want to take the failing to update as in dispute up, yet... BUTCH said in another post that a judge did rule once that 4 months was not an adequite time to allow for them to update the account as being in dispute... Yes, it should be done immediately, but there is ambiguity in the FTC statements on this issue as well... (Judges can be stupid too) One opinion only says that they violate by updating the tradeline, so if they never touch the tradeline again, they wouldn't have to mark it as disputed as well... However, the not updating (only one violation) is a double FCRA/FDCPA violation, because when they didn't mark it as being in dispute was when they were responding to an investigation, which makes it a FCRA (b) sueable violation. So you still get the two violations, just differently...
Thanks guys, I'm looking for deletion. Any violation for which I have a viable suit should get my deletion. I don't think they will want to fight a bill of less than $200. I'm only waiting to check my report once to see if they deleted before I sue. *This is the collection agency so I'll use the FDCPA* Mitch
