I have 3 chargeoffs on my credit report with verizon. (I tried to be nice to family by getting them cell phones, but they ran the bills up & never paid them. Lesson Learned!!!) So, now I'm trying to get them removed. I did the 1-2 punch by disputing with verizon first and then disputing with the CRA's. Verizon verified all 3 accounts but failed to notify the CRA's of my dispute. (For each account.) I think they violated FCRA 623(a)(3) and FDCPA 807(8). Did I miss any violations?? Also, can I sue them for multiple violations on each account, bringing the total number of violations to 6 or more? How would you handle this - would you sue them in small claims court or Federal court?
Whoa, slow down a sec, have only 30 days gone past? If so I think that you are pushing a little too hard too quick. Follow the validation routine sending letters every 30 days until it's time for ITS.
Validation request #1 (sent first) Validation request #2 (sent 30 days after letter #1) Estoppel (sent 30 days after letter #2) ITS (sent 15 days after estoppel)
I thought that my goal was to catch them on violations, and once I caught them on several, then I could use the violations as leverage to sue for deletions. So I can't really understand on why I should continue to send them letters if I already have them on several violations. Please educate me on this. Thanks!!
Re: Re: Lawsuit against Verizon?? To convince the judge, if it comes to that, that you made substantial effort, in good faith, to resolve the issue with the collection agency...
Re: Re: Lawsuit against Verizon?? add a validation letter to the collection agency. I'm guessing they're the ones reporting the trade line. Let that letter hit and get the green card back. 10 days later, pull your credit reports again and see if there are any notations from the ca> NO? then you have then on fcra violations definitely.. failing to mark it disputed. wait 31 days total, then send a demand letter to the collection agency and original creditor. After the 31 days of the validation letter, they're also violating the "continued collection efforts w/out validating" of the fdcpa... and falsely reporting info (that they can't validate) as per the fcra (so yes, that's 2 fcra violations per line)... then you can also demand all tradelines and inquiries be removed, as since they can't prove the account they also shouldn't be in your files (that's a permissible purpose argument)... so that's a nice ton of violations fcra... One huge hint, if you can get actual damages (apply for something now at a local bank, get declined) then you can sue for actual damages costs statutory damages (the violations at 1k each.. you'll likely get 1k per string of violations so 2k, 1 fcra, 1 fdcpa atty fees (tell then you're about to retain an atty) etc... this stuff gets expensive for them quickly. You can settle it for some cash, no money to them for the accounts, and deletions in full (or something around that).
Re: Re: Re: Lawsuit against Verizon?? Just a little difference on opinion here, but I would suggest disputing after the green card comes back. The issue here is that depending on the update cycle the CA has with the CRA is might not make it on the report when you check. By disputing after the green card comes back the CRA is then required to check with the CA, who then must report the TL as "in dispute." If the CA doesn't it's a violation, and if the CRA doesn't investigate, that's a violation too. The thought here is that the CA won't report to the CRA unless the CRA requests them to do so i.e. the dispute.
Re: Re: Lawsuit against Verizon?? All three accounts are being reported by Verizon, and not a collection agency. Is there any way that I can possibly catch them on more violations?? OR should I just use the two violations per account and SUE them now?
Re: Re: Re: Lawsuit against Verizon?? It is my understanding that an OC does not have to provide validation per the FCRA. If this is true then Verizon would not have to validate unless you specify validation per the FCBA. Can someone please verify if this is correct or not? Thanks paw67
Re: Re: Re: Lawsuit against Verizon?? Per this thread in the Hall of Fame http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&threadid=37975 --------------------------------------------------- Validation to OC? http://consumers.creditnet.com/stra...n"#post208973 http://consumers.creditnet.com/stra...n"#post155510 ---------------------------------------------------- It seems to indicate that the OC doesn't have to validate within 30 days, but they do have to report that the account is in dispute to the CRA's. If they don't, THAT is a violation of the FCRA. Hope that helps.
