hi guys was looking for continued collection activity cases while acct is under dispute within the initial 30 days anybody have any? thx
I want to file suit against a CA for continued collection activity by affirming the acct with the CRA while an acct was under dispute and no validation had occured. is there any cases that have been filed with this similar situation that I can reference, I already have the FDCPA and FCRA codes just want a case to reference does one exist? I would appreciate a reply plz
There's the Cass FTC Opinion letter: http://www.ftc.gov/os/statutes/fdcpa/letters/cass.htm It says: IV. "Would the following action by a debt collector constitute continued collection activity under § 1692g(b): reporting a charged-off consumer debt to a consumer reporting agency as disputed in accordance with § 1692e(8), when the debt collector became aware of the dispute when the consumer sent a written dispute to the debt collector during the 30-day validation period, and no verification of the debt has been provided by the debt collector?" Yes. As stated in our answer to Question II, we view reporting to a consumer reporting agency as a collection activity prohibited by § 1692g(b) after a written dispute is received and no verification has been provided. Again, however, a debt collector must report a dispute received after a debt has been reported under § 1692e(8). The Sullivan v Equifax case speaks to it as well, actually it shows too that the 30-days is irrelevant when the information is false: http://www.paed.uscourts.gov/documents/opinions/03D0468P.pdf Sassy
