im trying to locate the opinion, or law that states the CA must cease collection activities during the validation process, can someone assist? LKH has a thread with this line from a estoppel he sent out I want to verify that it is accurate: "Secondly, you do not need to validate the debt as long as you cease collection activities. In an FTC staff opinion letter (Wollman), reporting information to the credit reporting agencies is considered collection activity." I've read the Wollman letter and I don't see it. But it sounds good and I want to use it The CA I sent validation to did not respond..wanting to show them that not responding yet updating my credit reports is a no-no in the estoppel letter. thanks
yay found one http://www.ftc.gov/os/statutes/fdcpa/letters/cass.htm Cass opinion, section II. 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.
Oooopps. If I put Wollman in my letter, I'm glad you caught that because it is indeed incorrect. The Cass letter you just found is the correct one. Do you remember which thread I posted that so I can ask PBM to fix it? Thanks.
http://consumers.creditnet.com/stra...s=&postid=200810&highlight=wollman#post200810 thanks for sharing your letter.
Maybe not. But that's what I get for writing letters and trying to remember things off the top of my head rather than look it up. Oh well, it worked for me anyway as they obviously didn't look it up either LOL.
