As the FCRA Fair credit Reporting Act and the FDCPA Fair Debt Collection Practices Act is concerned, is the OC required to abide by verification and other rules, regulations, etc as are CRA and CAs? I am disputing with and seeking verification with an OC. Do they have the same burden of verification as do CRA and CA?
Under federal law, the FDCPA, no. OC's are not required to validate. The FDCPA applies to third party's----->CA's. However, some states have their own version of the FDCPA and FCRA laws, making OC's liable. In California, the state has their own version of the FDCPA and FCRA making OC's liable for debt collection and practices, including requiring them to validate.
OC's are required to provide a reasonable degree of cooperation, even with regard to proving what they say is correct, under the FCBA. Open ended accounts that is. .
Also, even though the OC isn't required to validate in the way that a CA is, they are required to report your debt as in dispute if you dispute the debt with them. They have 30 days to conduct an investigation regarding your dispute, although they don't have to provide you with any proof like a CA would.
So if I am in California, does someone have sample letter to send to the OCs? Or would I use the standard validation letter and assume they know California law? How do I find the California law for this just in case I need to refer to it? Thanks!
Here is the link for the California Consumer Credit Reporting Agencies Act: http://www.privacy.ca.gov/code/ccra.htm
