CA reporting on CR without validation
Date: Mon, 03/30/2009 - 07:18
I think it is against the FDCPA to report it before validating i
I think it is against the FDCPA to report it before validating it.?? I would send another validation request via certified mail this time if you haven't already done so.
I would keep disputing it with TransUnion as well.
??
As long as it has a "Disputed by Consumer" notation, then it is
As long as it has a "Disputed by Consumer" notation, then it is compliant with the FCRA
The challenge for most people in trying to enforce their rights
The challenge for most people in trying to enforce their rights under FDCPA, FCRA, and FACTA rests in the fact that you can ONLY enforce your rights via lawsuit.?? Simply telling the CRA that one of their subscribers has failed to validate the account is not enough oomph to get them to remove the entry.
While you may succeed in getting an entry removed, the CRA is not beholden to FDCPA, and as long as the subscriber verifies that the information on your report accurately reflects what they have on their system, the CRA is off-the-hook.
You need to file a lawsuit against the Collection Agency under FDCPA for the violations.?? You can also try to get a Restraining Order forcing the temporary removal of the information, pending the outcome of the case.?? This doesn't work all the time; it depends on the judge's mood.
The easiest, and least expensive way, to push your point is to prepare the complaint, and send a copy to the collection agency prior to filing it with the court.?? Send it to the Registered Agent for the collection agency in your state, and also attach a Settlement Offer, in which they will cancel the debt, cease all collection efforts, remove the debt from your credit report, and never sell or transfer the debt to another party.?? If they will do this, then you will not file your lawsuit.?? Give them 15 days to comply from the date they receive it (send CMRRR).
If they don't reply, or if they refuse to comply, then file your lawsuit.?? FDCPA violations include statutory damages, attorneys' fees, and actual costs.?????? Good luck!