First Revenue Assurance was contacting my hubby about a bogus AMEX bill - Amex actually sent hubby a refund of overpayment on a collection account and FRA is attempting to collect the amount of his refund...anyway, we demanded validation CRRR. We just got the card back in today's mail, signed for by FRA on the 19th. Also in today's mail was another demand for payment dated and postmarked April 20th. Aren't they supposed to cease collection attempts until validation is completed? Thanks Poochie
FDCPA § 809. Validation of debts [15 USC 1692g] (b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. This is the statute I was thinking of - it looks like a clear violation but I'm a total idiot about FDCPA. Please advise.
Timing is everything. Was this the INITIAL COMMUNICATION FROM the collection agency? -The dates are "too close" to be an actionable violation. The "bona fide" error defense will take any culpability away from the collection agency. -IF you were inside the validation period when you sent your request, then wait and see if they either continue to collect, or just give up -If they are reporting, then dispute the tradeline with the REPORTING AGENCY and include the info about or from AMEX. -Should take care of it
No - we recieved prior communication from FRA to which we responded with a request for validation. The notice that we got dated 1 day past the CRRR was the 2nd letter we received. There may have been others because we just moved to another state and a bunch of our mail has been lost. The initial collection activity with AMEX took place in early November last year. They bumped his accounts out to collection agencies, we paid in full, nothing bad appeared on his reports, and then he got a statement earlier this year showing a credit on one of the paid and closed accounts. AMEX sent us a check for the overpayment, and then we got this collection letter for the same amount from FRA. Amex says they have no idea what's going on and that we should dispute with FRA, which we have done. We don't believe we owe this money, and I think they'll have a hell of a time proving that we do, so we're not too worried and nothing is showing on hubby's report at the moment.
I think there may be a problem establishing you are within the validation period. It may be wise to disregard to collection agency, and dispute it with the reporting agency when it is reported. It would be hard to show that they didnt SEND an initial communication because of the moving issue and lost mail.
I wouldn't wait poochie. Take a proactive position on this to avoid the TL insertion. You've already typed it all out, (above). Send it to the CA and tell em, "report it and I'll sue your a$$e$ into the next century". .
I'm a little confused - what is my arguement to avoid deletion? That Amex credited hubby on an overpayment to a prior bill collector? So is FRA not required to validate because it is not the initial communication (probably)? Under what grounds would hubby sue if it was reported? Thanks Hiding and Butch (and anyone else) for any clarification you could provide. Poochie Incidentally, so far no neg TLs have popped up from Amex, the original CAs or FRA
Re: Re: Is this a violation? FRA -Yes the collection agency IS NOT LEGALLY required to provide verification of outside the validation period -YOUR dispute with the REPORTING AGENCY is all the info you posted. The "uncredited" credits etc. THEN, after the dispute WITH THE REPORTING AGENCY comes back as "verified", then BOTH the colleciton agency AND the reporting agency are on the hook. I do agree though, that a copy of the dispute to the reporting agency be sent to the collection agency to "MAKE THEM AWARE" of the issues, so they cant say "duh, we didnt know!"
Re: Re: Is this a violation? FRA The collection agency is also the agent for AMEX. Amex's records show you paid, and their refund check to you confirms that. Put pressure on AMEX. They should not have THEIR collection agency trying to collect a debt they say you don't owe. Their "suggestion" that you dispute with FRA is not "helpful" enough.
