Violations

[lucyricardo]

Can a collection agency violate FCRA 623 (Fail to mark as disupute) and at the same time FDCPA 807 (8) (Fail to mark as dispute)? Can you name both as violations in a letter to the CA in the DV process to point out violations? I'm unclear if 623 only applies to OC's.

I'm in CA, thanks

[DocDon]

The FCRA applies to any furnisher of information to the CRAs. One can violate both the FDCPA and the FCRA at the same time.

[lucyricardo]

Thank you, Doc Don!

[Josh Mcgrath]

The FCRA applies to any furnisher of information to the CRAs. One can violate both the FDCPA and the FCRA at the same time.

Sweet.... I have Attention LLC on 2, possibly 3 violations now...saweet

[gdouglaslee]

Just be careful as paragraph (a) of 623 is only enforceable by the FTC or AGs. Only the section under paragraph ( is subject to private enforcement.

[DocDon]

There is a civil liability, but the FTC or state AG must first tell them to stop. Another reason to remember to file your complaints.

Herein lies the problem - they continue to violate the FCRA because they have to be told to stop first. Some lobbyist is still washing their nose off.

[lucyricardo]

Here is my letter.........

September 14, 2004

Mr. Joe Jones, Account Rep.

Main Street

Anytown, USA 12345

Re: Acct # 1234567

Dear Mr. Jones,

In response to your letter dated August 30, 2004, please be advised that your documents do not prove that I owe this debt. There are few points, which need to be addressed:

§ I did not approve this advertising with the (Newspaper) and you have not furnished any documentation and/or proof showing I did. Merely submitting a computer generated printout invoice is not sufficient. (See attached FTC opinion letter)

§ You are in violation of the FDCPA under the following sections:

1. Section 809 b (Violation warrants a fine of $1,000 under the FDCPA)

2. Section 807 8 (Violation warrants a fine of $1,000 under the FDCPA)

§ You are in violation of the FCRA under the following sections:

1. Section 623 ( (Violation warrants a fine of $1,000 under the FCRA)

In lieu of these facts, I am requesting your firm cease and desist from all further collection efforts and immediately remove all account information and inquires associated with this invalid collection account from my consumer credit reports, upon receipt. Though you have already violated the above sections of the FDCPA & FCRA, which can be proven in a court of law by documentation, I am willing to settle this issue to avoid litigation by your agreement to remove this account and all inquiries/information associated with it, from my credit reports.

If any negative mark is found on any of my credit reports from your firm beyond September 30, 2004 or should you wish to continue with collection efforts, you will leave me with no choice but to bring legal action against you and/or your client for the following:

· Violation of the Fair Debt Collection Practices Act

· Defamation of Character

· Violation of the Fair Credit Reporting Act

Mr. Jones, please keep in mind that we have a very serious issue at hand and I have been severely wronged and placed under a large amount of stress because of this frivolous collection attempt. I will leave the choice to you regarding if you want to remove this erroneous information from my credit reports or be named in a lawsuit where fines/attorneys fees may be granted by a court should they deem your actions legally inappropriate.

Sincerely,

John Doe

CC: FEDERAL TRADE COMMISSION

ATTORNEY GENERAL OF THE STATE OF CALIFORNIA

[Josh Mcgrath]

sounds good... in fact I'm going to steal it from you!!!

However, I would add that unless its deleted within 15 days of the date on the letter, you will pursue legal action. Also, add that a confirmation letter showing their intent to delete the item on your reports and Cease all collection activity must be recived no later than the 15th day.

[lucyricardo]

UPDATE:

Just got a letter back, they agree to delete!!!!!!!!!!!!!!

[DocDon]