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Violations of the FDCPA, FCRA, or both?

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PostPosted: Tue Jun 10, 2008 12:40 am Subject: Violations of the FDCPA, FCRA, or both?

A collection agency continues to report on my credit report even though they haven't responded to my DV request. I disputed the entry with Equifax and they told me the debt had been verified by the CA, so they will not remove it. Can someone help me determine if the FDCPA or the FCRA is being violated? If so, which?
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PostPosted: Tue Jun 10, 2008 4:19 am Subject:

Welcome to the community Guest.
The answer to your question; both. FDCPA violation is continued collection activity after validation has been requested. At this point I would suggest contacting the credit reporting agencies that verified it and demand the collection agency's method of validation.

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PostPosted: Tue Jun 10, 2008 4:38 am Subject:

Thanks JCEMT; Is Equifax in violation of the FCRA since they continue to list it on my credit report?
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PostPosted: Tue Jun 10, 2008 5:06 am Subject:

Nope Equifax is just listing what the furnisher has reported to them.The collector would be liable under fcra.
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http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809
http://www.ftc.gov/os/statutes/fcrajump.shtm
http://www.debtconsolidationcare.com/forums/about216.html
Use this letter to protect your rights under the FDCPA
myfairdebt.com & myfaircredit.com-Good source of case law in forums.
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PostPosted: Tue Jun 10, 2008 7:17 am Subject:

Thanks for the info Cajun.
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