Do I sue RISK MANAGEMENT ALTERNATIVES

[creditmalfunction]

Just a short question....I received a letter from Risk Management Alternatives 5 months ago a direct TV bill that they alleged I owed. I immediately C&D them and they went away nothing went on my credit report.

This month I just noticed that this company changed their name in the company name line to DIRECT TV with the same Breckinride Blvd adress of Risk Management Alternatives...I also heard that this company may have a direct affiliation with Equifax which really bursts my bubble....they popped it for the FIRST TIME on my credit report as a reporting from June...Is this something against the law?

What is my recourse here? Fax an intent to sue letter, certified mail it or actually sue them?

Thanks

[wahoo238]

Hey I have that bunch and DTV. They poped EQ first, thats how I found out, called got BS and DV them green card shows 6/6 still nothing from them. Also sent letter to DTV nothing back. They hit EX on 6/11. This is all from DTV billing screw up in 2000.

They claim to be affiliated to EQ but not sure exactly how, the office I am dealing with is out of Aiken SC, they have offices all over and I tend to think they were the local credit bureaus of yesteryear, when they call caller ID show "Equifax Equifax". So far they have racked up several violations so am planning to use if no response to DV.

[DocDon]

Who is claiming to be affiliated with EQ? The CA or DTV's internal collections? Somebody's in deep dog-doo...

I would file formal complaints regardless of their response (or lack of) - especially if they are cloaking their true identity by displaying "Equifax" on your caller ID. Last time I checked, none of the CRA's offered satellite television....

[wahoo238]

Risk Management Alternatives Inc, made reference to some affiliation with EQ in their website also caller ID says EQ when they call. Not an internal to my knowledge.

[hubbys_nightmare]

In 2000 Equifax Risk Management Services sold their US division to RMA...

Former EQ people became top mucky-mucks at RMA...

[creditmalfunction]

this still doesnt answer the question....what do i do to them?

send intent to sue for breaching a C&D and reporting something on a Equifax credit report after they were told to C&D communications and they had not yet posted anything to my report when I C&D them 5 months ago?

Sue them...because they said they were Direct TV on my credit report and reported it under collections while their address shows breckinridge blvd which is the exact same address as Risk Management Alternatives, and also because they violated my C&D by reporting it 4 months later after I told them to C&D.

HELPPP!!!!!!

[DocDon]

I removed the duplicate post on this topic from the Collection Forum. Please don't double post.

A C&D does not satisfy validation. You should read the FDCPA (link is above). Simply telling a CA not to call really means very little (see Section 805 C).

If you DV'd them and they continued collection activity while in possession of an outstanding request for validation, then you've got something...

[creditmalfunction]

Doc,

From what I understand A C&D pretty much tells someone NO MORE ACTIVITY, contact, or collection on this...if you want to sue then sue...or send back to the creditor then do it...they must notify you in writing of what they intend to do. which they did not.

Why would what they did not be a violation? Wouldnt they be sueable for posting something on my credit report after they were told to CEASE AND DESIST ACTIVITY?

Let me remind you that there was nothing on my report from before or after i sent the C&D 4 months ago....posting it in june 4 months later is further activity.

Help!!!

[DocDon]

Because a CA is bound by the FDCPA. If you read over it, you'll see they are forbidden to continue collection activity if you request validation.

Here's the section on C&D:

© CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

(1) to advise the consumer that the debt collector's further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt.

You'll see there's not much weight behind a simple C&D at all...

Now, there's case precedent that said noticing something on your report does not define a "communication" from a debt collector. Therefore, by RMA simply placing the collection on your report without notifying you properly, they did not follow the FDCPA (surprise, surprise) as interpreted my the courts. However, I personally would not try to walk into a court with this as my argument if I were going to sue for an FDCPA violation...

File a complaint against RMA with the FTC and both your and their state Attorneys General. There is no fee to do this, and you may be able to file both AG complaints online (you can already file online with the FTC).