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Need Chapter and Verse on FDCPA/FCRA


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for my "a$$hole" letter to a CA and EQ - I've already ITS'd them so it's on to hitting them with a lawsuit.

1. A CA that does not respond to a DV, and yet continues to validate a (bogus) debt, therefore continuing collection activity without validation

2. A CRA (EQ/CSC) that continues to validate the debt even though I have submitted proof that the CA has refused to respond to validation requests.

I have Jury Duty the week of the 16th and I figure while I'm there - sue EQ/CSC and the CA (CBC National).

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1. (I'll assume you meant COLLECT instead of VALIDATE) US Code 15 § 1692g(B):

Disputed debts

If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

2. US Code 15 § 1681i(4):

Consideration of consumer information

In conducting any reinvestigation under paragraph (1) with respect to disputed information in the file of any consumer, the consumer reporting agency shall review and consider all relevant information submitted by the consumer in the period described in paragraph (1)(A) with respect to such disputed information.

§ 1681i(5):

Treatment of inaccurate or unverifiable information

(A) In general

If, after any reinvestigation under paragraph (1) of any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or cannot be verified, the consumer reporting agency shall—

(i) promptly delete that item of information from the file of the consumer, or modify that item of information, as appropriate, based on the results of the reinvestigation; and

(ii) promptly notify the furnisher of that information that the information has been modified or deleted from the file of the consumer.

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1. (I'll assume you meant COLLECT instead of VALIDATE) US Code 15 § 1692g(B):
Disputed debts

If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

Damn. This showed up on my CR's a few years ago. I never received a dunning from them, and I've made multiple attempts to have EQ remove it and EQ refuses to remove, claims the TL is validated.

2. US Code 15 § 1681i(4):

Consideration of consumer information

In conducting any reinvestigation under paragraph (1) with respect to disputed information in the file of any consumer, the consumer reporting agency shall review and consider all relevant information submitted by the consumer in the period described in paragraph (1)(A) with respect to such disputed information.

EQ (CSC) supposedly did and they claim that the information is correct. I sent CSC proof that the CA ignores my requests for information and CSC continues to verify and the TL remains.

§ 1681i(5):

Treatment of inaccurate or unverifiable information

(A) In general

If, after any reinvestigation under paragraph (1) of any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or cannot be verified, the consumer reporting agency shall—

(i) promptly delete that item of information from the file of the consumer, or modify that item of information, as appropriate, based on the results of the reinvestigation; and

(ii) promptly notify the furnisher of that information that the information has been modified or deleted from the file of the consumer.

I've sent them proof the information is wrong, but EQ/CSC won't listen.

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