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Relationship between 1692g and 1692e(8)


Methuss
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This is info for those of you out there that get the "we'll report it as refusal to pay" crap or threats to post to CRAs when you tell them on the phone you dispute it:

"Under section 1692e(8 ), if a consumer disputes a debt, either orally or in writing, Brady v. Credit Recovery Co, 160 F.3d 64 (1st. Cir. 1998), the debt collector cannot report it as undisputed to a credit bureau. Thus if the consumer orally disputes the debt, the debt collector cannot assume that the debt is valid or report it as undisputed to a credit bureau, but need not provide validation information to the debtor."

- D. Edelman

So any CA who is told on the phone during 1st contact call that the debt is disupted for any reason, may not assume it is valid for the purpose of the 30 day window in section 809a(3) the CAs harp about so much.

Nuf said.

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You're right, Methuss. That is how I hung a CA out to dry. They got spanked by the State, had to return accounts to the OC, and are now eating huge helpings of Maggot Droppings. In fact, I educated the State rep who handled my complaint. She knew nothing of this particular law, yet, claimed to be educated in the FDCPA. Also, the OC is getting spanked by the Federal Government for their actions in this whole ordeal. And, no, it is not the FTC, it is my Health Insurance Carrier, who is paid by the DOD. ME: 8-):D THEM: :oops::cry::x

I have Brady printed out for my own reference. If you want it, let me know and I will assure the site is referenced for you or I will get it to Admin for her to post properly.

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