I have a CA that is reporting on two of my CR under different names, account numbers, they are using the same phone number listed on both of my CR. I did a search and they have the same address. Would this fall under the FDCPA § 807. False or misleading representations (14) The use of any business, company, or organization name other than the true name of the debt collector's business, company, or organization. If so how would I go about getting BOTH the accounts off BOTH of the CR. Would I contact the CRA or go staright to the CA (both address) and tell them they are in violation of the FDCPA? I want to make sure I go to the right source with this info if it does fall under violation of the FDCPA. Any advice?
Are you saying their are 2 different listings on Both CRAs? Or the 2 CRAs show one listing each, but different names on each? If it's the former, I'd dispute with the CRAs first. As for the CAs, you may want to send them a PissedOff-o-gram saying, "I see what you're doing, I don't like it, it's illegal and the time has come for you to PAY! Delete these listings and send me $X,000 for your blatant violations, an apology and written confirmation that it will never happen again". It's obviously an FCRA violation (more than one, it seems); as for FDCPA, have they commited any other violations? Are the dates and amounts the same for both listings? File complaints with the FTC, BBB and Attorney General and slap their zippers open !
Thanks for the reply. There is one account per CR(2) but they have different names and account numbers but the same phone number and address (I had to look up the address) I wanted to make sure that I go in the right direction since it seems to me that I have every right to have both accounts deleted of my two reports. But I wanted to make sure that if I disputed with the CRA I was not making a mistake by going to them first or if I went after the CA what would I say to get them to delete BOTH accounts. I just need to make sure that I use the violations to help me and not mess up by going in a direction that I should have not went. Any help is appreciated.
OK so let me get this straight. Dispute with the CRA at the same time send the pissed of letter to the CA stating that they must delete BOTH items of both reports and then I assume quote them the laws that they are in violation of. I hope I am getting this right. so far so good?
The more I think about it would it not be better to go after the CA first BEFORE I try to dispute with the CRA? The reason is I think the CA would just verify the info to the CRA but if I go after the CA first and inform them of there violations I might have a shot at getting both accounts deleted by the CA? Any thoguhts?
You're probably right on that one. I was running with the assumption that you had 4 listings on 2 CRAs. But yes, if you start validation you may be able to tell the CRAs down the road "Look, these CAs won't validate - please delete the listings". Good luck ! PS - Yes, I saw my glaring typo back there. Doh !!
Thanks for the reply. I am thinking that might be the best way to go. I can try to get the CA to delete the listings due to the violations. I was wondering if I get nowhere with the CA could I write the CRA with the info and point out the violations of the CA and maybe get the CRA to delete due to the violations? Has anyone ever tried that? Getting the CRA to delete a tradeline due to a CA violation of the law?
OK I am getting ready to type up my letter to the CA and I want to make sure that I have not missed any violations. I know the FDCPA violations but wanted to double check on the possible FCRA violations. So far I have § 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2] § 617. Civil liability for negligent noncompliance [15 U.S.C. § 1681o] § 616. Civil liability for willful noncompliance That is all I could find that I thought could apply in this case. If you guys could look this over and give me any suggestions that would be great. Thanks
When I quote them the section of the law that this company is in violation of should I include all that is listed within the section or just the section alone and let the compnay look up the laws if they want to double check?
