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Question For RETMAR


lucyricardo
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I saw in a previous post, you indicated something about being able to DV an OC in California due to the laws here. I looked under the STICKY post but couldn't find what I was looking for (maybe I missed it). Can you expand on this? I have an OC (EMERGE/PVN) who is on my EXP and they verfied and now EXP won't let me dispute again.

I DV'd them (not knowing you aren't supposed to) last month but they didn't respond.

THANKS!

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On the very first page of the thread, maybe the second or so post, you will find reference to the California Department of Consumer Affairs website. Click on it and it will take you to the "Summary". This is how California interprets the law. I don't remember the exact page, but, if you read through, you will see the reference I noted. If I remember right, it was within the first 10 pages, but, don't quote me. If I find it before you, I will let you know.

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I found this but I'm not good at interpreting legal lingo......what does this mean? AND, does this only apply to OC's in California or does it mean it can apply to me if I am a CA resident but the OC is out-of-state?

California Department of Consumer Affairs, Summary of the Fair Debt Collection Practices Statutes

Article 1.3 The Federal Standards May Apply To Original Creditors

"The California statute applies to the collection of debts by both original creditors and debt collection agencies." In contrast, the language of the federal statute limits its application and remedies to debt collection agencies, and not the activities of most (but not all) original creditors. Hence, the coverage of the federal statute (as it is written) is not as broad as the California statute.

However, while federal statute states that it only covers debt collection agencies, and not original creditors, the practical effect of the federal standards changed on January 1, 2000. Beginning then, all creditors and debt collection agencies subject to the California statute are also subject to the federal statute. That means that companies subject to the California statute (that is, both original creditors and debt collection agencies) must comply with the standards expressed in both the California statute and the federal statute, and are subject to the remedies in boths statutes."

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