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How many violations is this?


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Ok, so I requested validation on an account and they didn't properly validate (this was within their 30 days of contacting me).

The next month they did not report to the CRAs any information. The month after that they reported the account as delinquent to all 3 CRAs.

Then, no info the month after that. Then the next month again reported as delinquent to all 3 CRAs.

Is each incident considering a violation under law? (i.e. 6 violations?) or just 1?

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Proper validation means the CA got written confirmation from the original creditor of the amount the creditor claims you owe and then forwarded on that original response to the consumer. This confirmation from the OC has to be reasonably recognizable as being an original response from the OC. (this is debatable in light of some recent rulings...but not getting into that here)

If the CA simply printed something out themselves, it isn't proper validation.

Lets assume they did not provide proper validation to answer the question. The answer is thirteen FDCPA violations, and seven FCRA violations.

One FDCPA violation for failing to report to the bureaus the disputed status of the account.

Six FDCPA violations for continued collection activity (reporting to the bureaus is continued collection because it's purpose is to leverage payment)

Six FDCPA violations for communicating false or misleading information to a third party about the debt (listing undisputed when it is disputed).

One FCRA violation for failing to report tradelines as disputed when they were.

Six FCRA violations for updating tradelines with false information saying they were delinquent when that status is disputed.

All FDCPA violations combined counts as one statutory damage.

EACH FCRA violation is an individual statutory damage.

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Ok, here's the deal.

This is a CA/JDB. They sent me their first collection notice and I DV'd them.

They sent a copy of a 4 year-old statement from the OC showing a substantially lower amount than they are trying to collect.

I talked to an attorney that handled another debt related matter for me and he said he felt that that was not proper validation at all.

But...he was probably speaking in a legal sense as if they were to argue their case in court then this would be no evidence that I owe their new inflated amount.

I'm trying to determine whether or not they violated the FDCP/FCRA by doing what I reported above.

Appreciate any help.

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The lawyer is correct. It is not proper validation. The OC response indicates a substantial difference between what they are trying to collect and what the OC said the balance was. Validation includes accounting for such discrepancies, which they did not do.

If the statement is 4 years old, put that in a file... it's proof of when the last payment was made. PA SoL is 6 years.

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Just to clarify, you're saying that if a JDB/CA sends an old statement as validation then they have to account for differences in the amount shown on the statement and the amount they are asking? If not, then it's not valid?

That would make sense to me...

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