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Question about debt validation


Chip
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Are the original creditors required to validate debts?

I have an AmEx account listed on my CR as in collection, 120+ days late, but with a 0 balance.

I have disputed it twice with Experian and Equifax as not mine, but it comes back verified. AmEx tells me over the phone that they cannot furnish my original signed contract without me supplying them with a police report for identity theft.

If AmEx cannot supply a signed contract (I know that they do not have one) are they required to removed listing as a collection is required?

Thanks in advance!

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No OC's do not have to respond to validation as defined in the FDCPA.

However, they DO have to respond to disputes of inaccurate information reported to the CRAs. They have 30 days by law just as if you had sent the dispute to the CRA directly. Further, they must report it to the CRA as disputed and report the results of the investigation within those 30 days. Those are the new rules that went in to effect in December 2004 undet the Fair and Accurate Credit Transaction Act.

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Someone check if I understood this correctly:

FACT Act Section 312:

‘‘(E) DUTYOFPERSONAFTERRECEIVINGNOTICEOFDIS-

PUTE.—After receiving a notice of dispute from a consumer

pursuant to subparagraph (D), the person that provided

the information in dispute to a consumer reporting agency

shall—

‘‘(iii) complete such person’s investigation of the

dispute and report the results of the investigation to

the consumer before the expiration of the period under

section 611(a)(1) within which a consumer reporting

agency would be required to complete its action if

the consumer had elected to dispute the information

under that section; and"

FCRA Section 611(a)(1)(A):

In general. Subject to subsection (f), if the completeness or accuracy of any

item of information contained in a consumer's file at a consumer reporting

agency is disputed by the consumer and the consumer notifies the agency

directly, or indirectly through a reseller, of such dispute, the agency shall,

free of charge, conduct a reasonable reinvestigation to determine whether

the disputed information is inaccurate and record the current status of the

disputed information, or delete the item from the file in accordance with

paragraph (5), before the end of the 30-day period beginning on the date on

which the agency receives the notice of the dispute from the consumer or

reseller.

So by the FACT and FCRA the OC has to validate and delete within 30 days or did I get this terribly mixed up?

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