Progress - sent dv letters to nco

Under the TFC the date furnisher is allowed to send you notification that they have not had enough time to complete their investigation so Unifund is not violating the TFC yet if they
updated the TL as in dispute and:
(d) If the third-party debt collector states that there has
not been sufficient time to complete an investigation, the
third-party debt collector shall immediately:
(1) change the item in the relevant file as requested
by the individual;
(2) send to each person who previously received the
report containing the information a notice that is equivalent to a
notice under Subsection (c) and a copy of the changed report; and
(3) cease collection efforts.
(e) On completion by the third-party debt collector of the
investigation, the third-party debt collector shall inform the
individual of the determination of whether the item is accurate or
inaccurate. If the third-party debt collector determines that the
information was accurate, the third-party debt collector may again
report that information and resume collection efforts.




. Hilco is definately in violation by not reporting the account in dispute. If they have not responded to you that is a violation of the TFC as well. I have no personal experience with Unifund but I do know another Texan who had to go thru the BBB, FTC, AG's in both states and the ACA before he ws able to get rid of them. PM me and I'll get you the exact details

The letter Unifund sent said "please allow us to gather the information", not "we have not had enough time to gather the information". They are still outside of the 30 days and I have heard nothing more and the mark is still on my credit report, so would they not in fact be in violation of the statute you quoted above?

You're referring to this section I believe:

1) change the item in the relevant file as requested
by the individual;


Did you request they delete their TL or was it more of a "I dispute this debt and request validation"?

hmm, i used the template initially and included in it was: At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau's (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent

I will not hesitate in bringing legal action against you for the following:
* Violation of the Fair Credit Reporting Act
* Violation of the Fair Debt Collection Practices Act
* Defamation of Character


Perhaps that was not clear enought?

Sounds pretty clear. They should have pulled the tradeline. May not be enough yet but document it and send a followup and "remind" them of their obligation under the TFC.

I have/am dealing with Unifund. They usually request discovery. It's been 7 or 8 months since a complaint against me has been pending, and they still have NOT validated the debt. Their evidence was a copy of a credit card agreement anyone could pick up about anywhere. :?

I meant to post this before I left work. The last part of TFC 392 also gives you some more ammo because it also allows you other civil remedies underr Chap 17 of the TFC Deceptive Business Practices. This can allow for treble damages if you bring action against them. Something to keep in the back of your mind:

???? 392.403. CIVIL REMEDIES. (a) A person may sue for:
(1) injunctive relief to prevent or restrain a
violation of this chapter; and
(2) actual damages sustained as a result of a
violation of this chapter.
(b) A person who successfully maintains an action under
Subsection (a) is entitled to attorney's fees reasonably related to
the amount of work performed and costs.
(c) On a finding by a court that an action under this section
was brought in bad faith or for purposes of harassment, the court
shall award the defendant attorney's fees reasonably related to the
work performed and costs.
(d) If the attorney general reasonably believes that a
person is violating or is about to violate this chapter, the
attorney general may bring an action in the name of this state
against the person to restrain or enjoin the person from violating
this chapter.
(e) A person who successfully maintains an action under this
section for violation of Section 392.101, 392.202, or 392.301(a)(3)
is entitled to not less than $100 for each violation of this
chapter.


???? 392.404. REMEDIES UNDER OTHER LAW. (a) A violation
of this chapter is a deceptive trade practice under Subchapter E,
Chapter 17, Business & Commerce Code, and is actionable under that
subchapter. (b) This chapter does not affect or alter a remedy at law or
in equity otherwise available to a debtor, creditor, governmental
entity, or other legal entity.