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I keep getting phone messages, 5 so far since 12/28, from Dun and Bradstreet that say:

"I am trying to reach a John Doe of Smith Motors, it is important that I speak with you, please call back with the following reference number".

I was partners in a business in that we sold in 2000,a limited partnership not incorporated. I cannot think of any debts we owed.

1. Does the FCRA and FDCPA apply to a business? I heard today that they do not.

2. Can a collection be put on my Credit Report for this? (as of today, no collections are on my report)


Here is a CRRR letter I just sent (I also sent the same letter to their Bethlehem, PA address):

The D&B Corporation

103 JFK Parkway

Short Hills, NJ 07078

RE: John Doe, reference number #00000

Dear D&B Corporation,

On December 28, 2004, January 3, 2005 and January 6 2005, I received phone calls and messages from a D & B representative Bill Claymen who called from 1-800-999-9407 ext. 4323 regarding the above mentioned reference number. In my research of the D&B Corporation I discovered that they are a debt collection agency. Please be advised that I have no knowledge of any overdue or delinquent debt owed by me to any business or person including the D&B Corporation.

Please review with Mr. Claymen the Fair Debt Collection Practices Act (FDCPA), specifically, § 809. Validation of debts [15 USC 1692g]. Be advised that as of January 11, 2005, 14 days after D&B Corporation’s initial communication with me and 5 days since your most recent communication to me, I have not received any such written notice which is required within 5 days of initial communication with the consumer, as outlined in the FDCPA § 809. Validation of debts [15 USC 1692g] (a).

Any further contact with me by The D&B Corporation upon receipt of this letter will force me to file a lawsuit against The D&B Corporation for noncompliance of the FDCPA. I will seek the full civil liability amounts and any such additional damages the court may allow as outlined in the FDCPA, § 813. Civil liability [15 USC 1692k]. I will also file complaints with the Federal Trade Commission, Better Business Bureau, ACA International and the New York State Attorney General.

Please forward this letter to your legal department.


John Doe


York 55555

(555) 555-5555

Cc. Paul Smith, Esq.

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shane -

did you personally guarantee any of the company debt that they are now coming after you for? if so, then they can continue to call you whenever and whoever relevant to getting ahold of you regarding the debt. as to whether they can divulge the details of 'your' debt to any third party (parents, relatives, friends, boss) that is unclear, i am in a very similar situation, and i contacted a lawyer to find out what my rights were regarding the matter, and i didn't have any. though my situation might be different than yours. again, find out if you personally guaranteed any of these debts. if so, unfortunately, you are screwed and need to pay it up/settle it the best way you can, or contact a lawyer and let them draw out the collection process for as long as you can afford so you can come up with the money.

good luck!

Mr. White

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no no....you NEED to find out if you personally guaranteed any of these debts. if you don't remember any of the debt information, i'm pretty sure the CA has that information. what i would do if i were you, get all debt contact information and contact the original debtor and ask them to provide you with documents proving that you personally guaranteed the debt. if they don't have such documents, then you are not responsible for the debt(s). after you get confirmation, then contact the CA or CA's and let them know of this information and that they need to contact the company who owes the debt and not you, unless you are the company owner, then that is another story. once you provide them with the information that you did not personally guarantee the debt, they HAVE to stop calling you. though you doing all of this is kinda strange considering this is a CA and they should know from the very beginnin whether you personally guaranteed it or not. even so, they usually will call whoever they can just to find out how to get in touch with the right person(s). i've been through this, so take my word on it. let me know if you need anything else.

Mr. White

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