i have disputed a ca 3 times and it keeps getting verified. i sent a dv within the 30 day timeframe of initial contact. i then sent a second dv. how can they keep verifying with cra if they cant validate the debt. i can send them a letter stating that they didbt validate in a tminely manner and now they must delete it?
The only real remedy for such things is a federal lawsuit. But you do have to keep in mind that there is no requirement for them to validate the debt. They can ignore you completely and totally and not violate the law. What they cannot lawfully do is to engage in continued collection activity until they have validated the debt. Reporting to credit bureaus is considered to be continued collection activity. So there is your cause of action against the debt collector.
I've got the same situation. I'm curious, how would you go about counting the number of violations they've made? Is each request for validation with each CRA that comes back "verified" one violation? The CA began reporting to the CRAs exactly 12 months ago (Aug 06), and they've been updating my CRA profile every month. Does each of those count as one violation? Or three? (one per monthly update, or one per CRA any time they do it?)
Here is a list of violations...... So Who Can You Sue and What Can You Sue For? Who Why Precedent/Law Fine Creditors if they report your credit history inaccurately Defamation, financial injury US Court of Appeals, Ninth Circuit, No. 00-15946, Nelson vs. Chase Manhattan Extent of damages incurred by the wronged party as deemed by the courts Creditors, if you dispute a debt, and they fail to report it as disputed to the credit bureaus Protection under the FCRA FCRA Section 623. $1,000 Creditors if they pull your credit file without permissible purpose Injury to your credit report and credit score FCRA Section 604 (A)(3) $1,000 Credit bureaus if they refuse to correct information after being provided proof Defamation, willful injury FCRA Section 623 CUSHMAN, v. TRANS UNION CORPORATION US Court of Appeals for the Third Circuit Court Case 115 F.3d 220 June 9, 1997, Filed (D.C. No. 95-cv-01743). Extent of damages incurred by the wronged party, as deemed by the courts Credit bureaus if they reinsert a removed item from your credit report without notifying you in writing within 5 business days. Consumer protection afforded by the FCRA FCRA Part (A)(5)(B)(ii) $1,000 Credit bureaus if they fail to respond to your written disputes within 30 days (a 15 day extension may be granted if they receive information from the creditor within the first 30 days) Consumer protection afforded by the FCRA FCRA Section 611 Part (A)(1) $1,000 Collection Agency can NOT be BOTH purchaser and 'assignee' it's one or the other Protection under the FDCPA Gearing v. Check Brokerage Corp 233 F.3d 469 (7th Cir. 2000) $1000 Misrepresentations by the collector about themselves or the debt are actionable regardless of intent Protection under the FDCPA Gearing v. Check Brokerage Corp Cacace v. Lucas, 775 F. Supp. 502, 505 (D. Conn. 1990) $1000 Creditors or collection agencies, and credit bureaus if they try and â??Re-ageâ? your account by updating the date of last activity on your credit report in the hopes of keeping negative information on your account longer Consumer protection afforded by the FCRA FCRA Section 605 (c) Running of the reporting period $1,000 If you dispute a debt, the collection agency fails to report it disputed to the credit bureaus Protection under the FDCPA FDCPA Section 807(8) $1,000 Collection agencies if they do not validate your debt yet continue to pursue collection activity (file for judgments, call or write you) Consumer protection afforded by the FDCPA FDCPA Section 809 (b), FTC opinion letter Cass from LeFevre $1,000 Collection agencies if you have sent them a cease and desist letter and they still call you Consumer protection afforded by the FDCPA FDCPA Section 805 (c) $1,000 Collection agencies if they have not validated your debt and they still continue to report to the credit bureaus Consumer protection afforded by the FDCPA FDCPA Section 809 (b), FTC opinion letter Cass from LeFevre $1,000 Collection agencies if they: - Cash a post-dated check before the date on the check - Cost you money by making you accept collect calls or COD mail - Take or threaten to take any personal property without a judgment Consumer protection afforded by the FDCPA FDCPA 808 Section $1,000 If a collector calls you after 9 PM at night or before 8 AM Consumer protection afforded by the FDCPA FDCPA Section 805. (a)(1) $1,000 Calls you at your place of employment if the debt collector knows or has reason to know that your employer prohibits the consumer from receiving such communication. Consumer protection afforded by the FDCPA FDCPA Section 805. (a)(3) $1,000 Calls any third part about your debt like friends, neighbors, relatives, etc. However they can contact your attorney, a consumer reporting agency, the creditor, the attorney of the creditor, or the attorney of the debt collector. Consumer protection afforded by the FDCPA FDCPA Section 805. (b) $1,000 The collection agency can not use any kind of harassment or abuse** Consumer protection afforded by the FDCPA FDCPA Section 806 $1,000 Collector cannot claim to garnish your wages, seize property or have you arrested *** Consumer protection afforded by the FDCPA FDCPA Section 807 $1,000 Collector must you in a county in which you lived when you signed the original contract for the debt or where you live at the time when they file the lawsuit Consumer protection afforded by the FDCPA FDCPA Section 811 (a) (2) $1,000 Also a good grounds for getting a judgment vacat
