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FCRA Question- Experts Needed ASAP


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Its an FDCPA statute, not an FCRA statute. Look to 1692e(8).

(8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.

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623(a)(3)

(3) Duty to provide notice of dispute. If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer.

Problem is, 623(a) has no right of provate action, so you have to dispute with the CRA to get a 623(B) violation.

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Ahh good call Dive. In the OPs case, both would apply and give two causes of action. Very nice for the OP.

Btw, the courts do not accept the 600 and 800 notations so if you are drafting a complaint use the 15 USC notations not the 600s and 800s.

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Dive-

THX Bro! How do you fight fires and absorb all this stuff at the same time? Are you online at the firehouse between calls?

Also Dive, I am really trying with Verizon. I have the email of 10 of their execs as well as the person responsible for making a deal with me. I email them EVERY night and have been putting the heat on my account rep (she's in their executive office). I am just (nicely) being a pain in their asses. I am hoping they finally say, "make a deal with this guy and get rid of him" We will see....

And thx for the help with that settlement business I had with the electric company...I sent the payment and signed agreement today...

Dev-

Thx to you too. Is the OC bound by the FDCPA as well? I thought (perhaps mistakenly) that the FDCPA was for CA's exclusively.

Thx again guys.

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Dev-

Basically, I had a cell with them back about 4 1/2 years ago. Charged off in 2002. $1,609.00 balance. No CA involved. I have been in negotiations with them for a 70% settlement. However, the best CR listing they are willing to give me is "settled" or "paid in full". Either way it would still show as a charge off.

Obviously I told them this does me no good as a consumer. I also disputed the account is even mine. They have produced invoices but no signature, although they have told me they do have it and would be willing to fax it to me.

Regarding the particulars of the reporting, they have not listed it as in dispute with either EQ or EX. They have done so with TU. IMO, this is even MORE damning because they recognized it should have been listed as disputed sicne they listed it that way with TU.

They have also reported it as charged off...then paid as agreed...then charged off...also, DOLA's vary from CRA's.

I am trying to make them see the account and the way they have and are reporting it is in question.

I am just looking for a settlement without going to court. I KNOW I am not knowledgeable enough yet to go to court. SOON though!

What do you think about hiring a credit attorney? I see Dive uses one..

Do they work on consignment?

Thx Dev-

FCS

(anyone else wanna jump in here too???)

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623(a)(3)

(3) Duty to provide notice of dispute. If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer.

Problem is, 623(a) has no right of provate action, so you have to dispute with the CRA to get a 623(B) violation.

Yes indeed, in addition if you dispute an account with a CA and they fail to report it as "customer disputes account" this is a violation as I understand it. I'm doing a lot of reading on this, I'll be back to put my foot in my mouth or not....

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Ye, Sultan, but in this case he is dealing with Verizon, who is an OC. To beat them, you have to use the FCRA and any state laws that they may be violating. You can't use the FDCPA.

I did everything you are doing FCS, good luck to you. IMO, though, the only thing that will make them go away is a suit. That is what it took in my case.

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