DH has a medical debt on his report with Merchant's Association CA... It's only for $78. I think I have posted about this before when none of the CAs responded to my DV letters... but updated story now... I sent them a DV and they continued reporting to the CRAs and did not mark it at disputed... It actually got deleted from TU and EX but it's still on EQ. They didn't mark it as in disputed on EQ, so 10 days after I got the green card back I disputed it online with EQ and the full 30 days later it came back "verified" I have read online from others experience that they do not do PFDs... Should I try to send a letter saying the violated the FCRA first? Because they continued to report to the CRAs after I sent the DV.... and then just hope that they delete since it's only $78? File a complaint with the FTC?
I would pursue it as an FDCPA violation. 1) continued collection activity 2) reporting false credit information For an FCRA 623(b) violation, the dispute needs to be specific to the account's errant reporting, not gwneral.
Either way you're going for $1,000 per violation against them so pursuing just one angle is enough since it's a $78 debt. I would send a second LTR advising of your intent to sue. You could file complaints with the FTC, BBB, AG (yours/theirs) as well. Its been my experience so far that while they can't force the CA to do anything, it helps to nudge them in the right direction, especially when they're hit with multiple agencies contacting them at or about the same time for me.
809b is what they have violated, correct? (b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.
Thanks! You two are lifesavers... Just fired off a complaint to the BBB, FCA, AG of Florida, and will send the ITS letter on Monday... Will update once I hear back!
By the way I'm assuming it wouldn't really be worth it to sue because we would rack up at least a couple thousand in lawyer fees, right?
What's the FCA? You don't need an attorney to sue. The courthouses have the forms online and are pretty straightforward. However, given the very small amount we're talking about, it's unlikely it would get that far.
And if you don't have a lot of money, you can file IFP (In Forma Pauprus) as a pro se litigant, and court costs are weived.
Sorry I meant FTC!! So many acronyms to keep straight... Hopefully it won't get to that point because we aren't even going to be back in Georgia until December. I'm crossing my fingers that they will just delete after they get the slew of complaints and ITS letter.... Should I send the ITS CMCC also?
