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sjcraw
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I just filed an online complaint to the FTC about GEMB/JCPENNY not validating the account and for not reporting my dispute on the credit report. My question is I'm going to send an intent to sue letter to GEMB and I was wondering should I send them a copy of the complaint that I did online to let them know that I'm serious. Maybe this will scare them up and they will remove this TL without a fight. Please give me your advice. Thanks in advance for replying.

Sjcraw

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I just filed an online complaint to the FTC about GEMB/JCPENNY not validating the account and for not reporting my dispute on the credit report. My question is I'm going to send an intent to sue letter to GEMB and I was wondering should I send them a copy of the complaint that I did online to let them know that I'm serious. Maybe this will scare them up and they will remove this TL without a fight. Please give me your advice. Thanks in advance for replying.

Sjcraw

Sure hope it works for you. I had filed my FTC Complaints using US CMRRRs with Documents (Evidence) Attached and the Deletes dropped. I had read somewhere that most CAs will automatically drop anyone who files a Complaint with the FTC whether it's legit or not. It appears that the FTC assumes that a Consumer Dispute is bona fide, unless there is evidence to the contrary. The CAs do not possess any Evidence. At all times when dealing with the FTC, I prefer the US Mail for better results.

Best regards,

June

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GE Money Bank is the financial institution which funds JC Penny credit cards. As such, they are considered an original creditor and thus, do not fall under the auspices of the FDCPA. Therefore, they do not have to "validate" anything to a consumer unless a FCBA exception would occur.

The FACTA amendments to the FCRA implies that the original creditor can "verify" an account but it fails to provide a private cause of action should they not. In other words, all you can do is complain to the FTC.

An intent to sue letter would be seriously misplaced in this situation.

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