Violation of FDCPA?
Date: Wed, 12/07/2011 - 19:57
My question has to do with this agency possibly violating the FDCPA's rules about stating my rights to validate, verify and obtain the original creditor's information.
The letter I received says:
"We are required under certain State and Local Laws to notify consumers of those States or Localities of the following rights. This list does not contain a complete list of the rights consumers have under Federal, State or Local Laws."
Then they go on to list laws for several states, most of which are just about the right for consumers to request cease of communication from the agency. Nowhere on this letter does it mention my right to dispute the validity of this debt, to obtain verification of the debt, or that they will provide the name and address of the original creditor upon written request. It seems to me that they are in violation of the FDCPA? Is this a violation, and is there anything I should do about it? The debt itself I believe is passed SOL and I am going to send a dispute/validation letter in the mean time as I try to get the proof that it's passed.. Ok, thanks!
Welcome koalayummi, The collection agency should have talked a
Welcome koalayummi,
The collection agency should have talked about your right to validate the debt. Are you sure that the debt has crossed the SOL period? When have you made the last payment? Validate the debt in writing. Right now, your main concern should be sending the validation letter to them.
Our forum experts will answer your question in details.
hold the line
first who sent the letter,and are you sure it didn't contain the part about having 30 days to dispute the validity of the debt.second before sending them anything be stone sure this is past SOL.if you find out it indeed is opast SOL for the debt and the state you are in don't bother with validation.send an FOAD letter certified mail return receipt.if it is still within SOL then send a DV(debt validation)letter the same way.don't asl for verification as all they would have to do is just type that they confirm you owe the debt.that's it.a waste of time,but please answer the first question in particular as alot of bottomfeeders try to collect on "time barred"debts.too many to recall actually so again make sure it's past SOL before sending them anything.
response to 2 & 3
to #3, the letter was sent by Financial Recovery Services, Inc, and like I said this is the first letter I have ever seen from them and it did not contain any statement about my rights to dispute. Only that little.. "this does not contain a complete list of rights..." statement at the top of the back of the letter. I don't know if its possible that I missed an earlier letter from them that may have contained the statement but this settlement offer gives me like 4 different payment options, pay in full, pay 35%, 3 consecutive payments, or monthly payments. This sounds to me like a first contact letter just because, from my experience, it seems like if the first letter is ignored, then they start to get all pushy and demand a specific amount with hardly any options. Of course I don't know this for sure.... but anyway, I have already sent out a dispute/validation letter (i said that I was disputing the debt and that I wanted validation)... I just did this because I wasn't sure if/when I'd be able to get copies of my old statements as proof of expired SOL. Today I was able to call the original creditor who says the last payment to the account was June 2007, so, here in California, this debt is definitely passed the SOL of 4 years. I tried to ask for copies of the old statements that will show my last payment and few thereafter but they told me I have to request them in writing, so it may take a while for me to get ahold of the proof that I want...
So, as far as the violation, should I do anything about that? I've heard you can sue but I don't know if it would be worth the trouble...
no violation...yet
this is a JDB and a bottomfeeder.they know this is "time barred"that is why they didn't include your state in their letter.you might not need statements to immediately prove SOL.can you pull up your CR?that would show when the last payment was made and when this is due to drop from your CR.check that and get back to me please.btw this place does violate the FDCPA,but omitting the right to dispute isn't really a violation.see how they respond to the DV letter.you did send it certified mail return receipt right?
Well I dont have my current CR but on the one I have from Sept 2
Well I dont have my current CR but on the one I have from Sept 2010, experian & equifax shows the account as being current through Aug 07, Sept 07 was 30 days late and then goes on late unilt feb/mar 08 where experian shows it as being charged off. I dont know why I didn't think to check my CR for the payment history, duh!? Well anyway, I'll wait and see how they respond like u said. Oh and yes, I sent it certified w/ return receipt..
No, failure to advise of your FDCPA 809(b) rights in an initial
No, failure to advise of your FDCPA 809(b) rights in an initial communication from a debt collector is not, in itself, a violation of the FDCPA. Their failure to timely follow up on it would constitute the violation.
In an initial written communication to the consumer, the debt collector is required under FDCPA 807(11) to disclose that the debt collector is attempting to collect a debt. and that any information obtained will be used for that purpose.
Under FDCPA 809(a), they are then obligated to thereafter provide complete dunning notice to the consumer of their right to request debt validation. That requirement is triggered by their initial communication, and the dunning notice must then be provided within 5 days of that initial communication.
So, yes, you appear to have an FDCPA violation, but not based on the lack of advisement of rights in their initial communication.