Letter to RMA

If I don't get resolution on my problem with RMA today, then I plan on giving it an extra 'push' by faxing the letter below to their corporate offices. Does this look okay and make sense? Please advise...thanks.

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Joe Schmoe
123 Main
Anytown, Anyplace
Phone (123) 456-7890
Fax (123) 456-7890
E-Mail joe@schmoe.com

Risk Management Alternatives, Inc.
4450 River Green Parkway, Suite 200
Duluth GA 30096

April 23, 2002

RE: Acct # 123456 / Ameritech - WI Accounts / $xxx

Dear Sir/ Madam:
This letter is to inform you that Risk Management Alternatives is currently in violation of the Fair Credit Debt Collection Practices Act (FDCPA) and Fair Credit Reporting Act (FCRA) regarding the account referenced above. To avoid any potential legal action against your company, I encourage you to read this letter in its entirety and take appropriate action(s) to protect Risk Management Alternatives Incorporated from any potential litigation. You may wish to consult with a competent legal advisor before your next communication with me.
Your agency is currently reporting the tradeline referenced above on my personal credit file maintained by Experian. After several unsuccessful attempts to resolve this matter with your personnel over the phone, I am now escalating this issue in a good-faith attempt to permanently resolve this situation.
For the past week, I have been working with an employee in your customer service area named John. She has openly admitted on several occasions that this account is no longer being serviced by your organization, as it has been â??recalledâ?? by the original creditor (Ameritech). She has also acknowledged that your records show this account has been disputed several times over the past several months through Experian.
However, after three separate rounds of consumer disputes with Experian, your agency continues to verify this account as a valid, open account with an outstanding balance owed. This is incorrect and inaccurate information. By doing this -- three times -- your company has engaged in willful non-compliance of the FCRA and FDCPA. As I am sure you are aware, reporting (and verifying) unsubstantiated entries to credit reporting agencies is in direct violation of the FCRA and FDCPA.
Furthermore, you should also be aware that there are civil liabilities associated with these violations:
The FCRA states the civil liabilities as follows:
§ 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n]
(a) In general. Any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of

(1) (A) any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000; or...
(3) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.

Risk Management Alternatives
April 23, 2002
Page 2 of 2


The FDCPA addresses civil liabilities as described below:

§ 813. Civil liability [15 USC 1692k]
(a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of --
(1) any actual damage sustained by such person as a result of such failure;
(2) (A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000; or...
(3) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney's fee as determined by the court...

I do not wish to pursue legal action against RMA Incorporated, and would therefore like to settle this matter by having your agency permanently delete the tradeline referenced above from my Experian consumer report. However, should your company fail to respond to this request accordingly, I will not hesitate to do so. I have all of the necessary documentation showing that your organization has repeatedly violated the rights afforded to me under the FCRA and FDCPA.

Please contact me via fax, email or phone regarding this matter as soon as possible; my contact information is indicated at the top of this letter. If I do not receive a response from RMA within the next fifteen (15) days, I will assume your company has rejected this offer and I will proceed accordingly. I look forward to hearing from you soon.

Sincerely,
Joe Schmoe
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I'm not sure if this is what did it for RMA, but I checked my EX tonight and guess what--RMA is gone, gone, gone. Haven't received any communication from them, but it may be in the mail.



Here's a rundown of my progress since 1/26/02 (the date I pulled my first report):

TU -
Started with 492; 8 deletions later, 540. I have 2 UDF's and 1 dispute pending with them. Assuming all goes well, I will have 2 derogs remaining.

EQ-
Started with <Unknown>; 4 deletions later, 580. I have 1 UDF and 2 dispute pending. If all goes well, I'll have 2 derogs remaining.

EX -
Started with 590; 3 deletions later, 596. No UDFs, 5 disputes pending (2 of which will drop for sure). Who knows what I'll be left with (but I'm keeing my fingers crossed)