Original Creditor's Liability under FDCPA
Date: Thu, 03/11/2010 - 20:05
Medical Bill paid in full and on time to original creditor. Received followup statements indicating balance due; contacted medical provider and sent copy of canceled check proving account paid in full...on time...no outstanding balance.
Subsequently, medical provider sent bill to collector.
Two questions:
1. Is medical provider liable under FDCPA? Not reported to credit report, so no FCRA violation.
2. Is there a duty upon an original creditor and/or a third party collector to verify/validate a debt prior to initiating collection activities?
NOTE: I believe account sent to collection agency after error pointed out by a supervisor who was either unhappy with the error or made money from placing with a collection agency.
THANKS!
Subsequently, medical provider sent bill to collector.
Two questions:
1. Is medical provider liable under FDCPA? Not reported to credit report, so no FCRA violation.
2. Is there a duty upon an original creditor and/or a third party collector to verify/validate a debt prior to initiating collection activities?
NOTE: I believe account sent to collection agency after error pointed out by a supervisor who was either unhappy with the error or made money from placing with a collection agency.
THANKS!
Since it got sent to a collection agency, you can request valida
Since it got sent to a collection agency, you can request validation from the collection agency.
Quote:
Originally Posted by Anonymous Medical Bill paid in full and on time to original creditor. Received followup statements indicating balance due; contacted medical provider and sent copy of canceled check proving account paid in full...on time...no outstanding balance. Subsequently, medical provider sent bill to collector. Two questions: 1. Is medical provider liable under FDCPA? Not reported to credit report, so no FCRA violation. 2. Is there a duty upon an original creditor and/or a third party collector to verify/validate a debt prior to initiating collection activities? NOTE: I believe account sent to collection agency after error pointed out by a supervisor who was either unhappy with the error or made money from placing with a collection agency. THANKS! |
