Sent Validation letter 11/23/01 Received back letter 12/01/01, that said, We have been unable to obtain validating information from the former creditor. no further collection activity will be pursued. Since this debt is being reported to all three cra's, are they required to remove this listing?
I would argue yes (altough a court could easily decide otherwise), by virtue of 1681s-2(a)(2)'s duty to update information. As I have stated elsewhere, however, enforcing that provision is problematic. What I would do is dispute it with the CRAs, using their "no further action" letter. The CRAs will then have to remove it unless the CA "verifies." Verification would be "collection activity," so they shouldn't do it, and, if they do, then you have their own letter to hit them over the head with (i.e., you would then write to them and say they've violated the FDCPA and demand that they remove the offending item). Good luck.
