O.k. then, here goes. Lets say we do the one-two approach by sending out a val letter to the CA then send out the dispute to the CRA's....follow me ? O.k. then, if the CA updates without disclosing that the consumer is disputing it is considered FDCPA violation of FDCPA section 807 (8) as well as FCRA violation of section 623 (3). follow so far? O.k. then, my question is as follows... Is this still a violation for the CA IF by disputing the account with the CRA....the CRA shows the account as disputed by consumer? You see my point? Why would the CA need to disclose something the CRA has noted? Would this still be in violation and why? Any help would be....err....helpful! SnakeMan
If CA updates your CR with respect to your disput (i.e., you got what you want) the TL will be true, complete and acurate and there will be nothing to be disputed anymore. Reading the text below I think their responsibilities end when they put the correct information. Disclaimer: I've never disputed anything, so I don't really know if "disputed by consumer" should stay even after a proper update. If that's the case, they *are* in violation. I am just thinking aloud to make you feel better that someone is taking the time to think about it ... FDCPA § 807. False or misleading representations [15 USC 1962e] (8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed. FCRA § 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2] (3) Duty to provide notice of dispute. If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer.
I'm pretty sure that this does not let the CA off the hook, as to the best of my understanding you cannot sue an OC without going through the dispute process with a CRA first, under the FCRA. I can't imagine that the burden would be different for a CA, as the FCRA applies to both of them. I think the following thread might be helpful, it was to me. http://consumers.creditnet.com/stra...stid=208973&highlight="validation"#post208973
