HI everyone, Can you please add to my list of typical FCRA violations by OC, CA, and CRA? Typical OC and CA FCRA violations 1) Placing an unauthorized "hard" inquiry on a CR (assuming no permissible purpose) 2) OC or CA verifying a validation inquiry when person disputed through the CRA, 3) CA Receives a formal notice of dispute (once, twice etc.) and every time fails to let CRA know of the dispute 4) Failing to correct a negative tradeline when an CA or OC is requested to do so (assuming the person is right) 5) Threatening a lawsuit without following through on original date. The idea is to help the newbies such as myself when violations tend to happen. I know there is a ton of info here and can be found through doing past searches, but it would be nice to have a condensed list. Please comment.
Ok this is not all inclusive but off the top of my head. OC's FCRA violations 1. not notifying all CRA's of dispute upon recieving a notice of such from consumer. 2. Not completing an investigation within 30 days. 3.Not informing ALL CRA's of the results of the dispute upon conclusion of investigation. CRA's FCRA 1. Not marking account disputed 2. Not completing the investigation within 30 days 3. Not following reasonable procedures to assure maximum accuracy 4. Not sending you a proper procedural request upon asking for one within 15 days. CA's FDCPA 1. Not ceasing collection activity upon notice of dispute (that includes verifying a disputed account) 2. threatening legal action, when none is intended 3. misrepresenting themselves 4. harrasment 5. violating a Cease and Desist communication order. CA's FCRA pretty much is the same as OC FCRA there are several other laws as well that may help such as the FCBA or the UCC as well as your states particular laws..good luck.
how do we know if legal action is indeed intended though? with a new collection acct. that the CA hasn't even tried to collect, what if they say, we will take further action, or you live in a garnishable state. i take it to mean that they will sue if i don't send in the amt. immediately.
good point! But it also states in the FDCPA that if they say they will take legal action that cannot be taken it is an offense. Such as an SOL issue. As for the other, its a gamble I suppose.
ok, i get it now. well, my booty can be sued cause this is a new collection that i am involved with. so, i guess i will try and look for something else to hang the tards with. they know how to play the game though, probably won't mess up.
They usually do. the easiest way is to dispute with them, then dispute with all 3 CRA's if they verify the account with the CRA's before giving you FULL validation they just messed up!
