No validation/Can they still report

Discussion in 'Credit Talk' started by solponig, Nov 17, 2004.

  1. solponig

    solponig Member

    I was just wondering if you request validation from a CA within the 30 day period, and they refuse to provide it, can they still report the account to the credit bureaus? The account is listed as "in dispute," but the CA has updated the account twice with the credit bureaus( updating the amount owed) since I requested validation. I am not sure they are allowed to do this either. Thanks for your help.
     
  2. pd11604

    pd11604 Well-Known Member

    NO - reporting to a CRA is considered "collection activity" , and if they have not provided validation of the debt to you then they have violated the FDCPA and you are entitled to seek $1000 in statutory damages
     
  3. lbrown59

    lbrown59 Well-Known Member

    Right on.
     
  4. pd11604

    pd11604 Well-Known Member

    Re: Re: No validation/Can they still report

    I learned from the "best" !
     
  5. jam237

    jam237 Well-Known Member

    Re: Re: No validation/Can they stil

    Have you disputed the account with the CRAs since the validation notice was received?

    The FTC says that they are required to notate any existing tradelines to show as disputed.

    Verification would be a stronger case for continued collection activity, because even under the weakest standards that the data furnishers attempt to argue comprises verification, it still requires a minimun of activity for the purposes of debt collection.

    This is one of the reasons to follow the DV with a CRA dispute.

    Under FACTA (T-7 DAYS AND COUNTING), a dispute to the data furnisher must be investigated within the same 30 day period, unfortunately however, unlike with a CRA dispute, there is no private right of action as with a CRA dispute, which is why you still should do the 1-2 Punch.
     

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