Does the FCRA contradict the FDCPA?

[hiblues]

Does the FCRA contradict the FDCPA?

Sorry this is kind of long,

but

if you have a any collection

paid or not, before or after the "30 day" point

that is still on your CR,

then it may be worth your time to read.

I’ve been reading the FCRA and FDCPA

about the consumer disputing information

that the Furnishers (Creditiors and CAs)

provide to the CRAs

and they seem to not be in sync with each-other.

and this may be a very good thing for us,

if I'm reading this correctly,

maybe the pros already know about this

And yes I have a question… read on please…..

Here’s how I read it:

The FCRA 623(a)(3)

states it is the duty of the furnisher

(in this case the CA)

to provide accurate information to the CRAs,

thus, if you are disputing the information of a furnisher (the debt you have with a CA),

the furnisher (CA) MUST

report to the CRA that the information is in dispute. If they verify the information

while it is in dispute, that would be a violation.

However,

The FDCPA 809 (

states that consumer has 30 days to dispute the information after initial contact

and

if the consumer does, then CA must cease all collection activities ( including verifying to the CRAs).

Which implies to me that you are S.outta.Luck if you try to do it after the 30 day period.

MY QUESTION IS:

Do you legally have only 30 days to dispute (we are not talking about DVing)

or does the law provide a consumer to dispute information at any time?

Is this where the basis for law suits come from?- Story plays out like this (if you are lucky)

and

I've read people on this site doing this...

You dispute (not DV) info with CA>then you immediately dispute with CRA> CA (hopefully) verifies the debt to the CRA> thus violating FCRA 623(a)(3) by providing false information> you ask CRA for method of verification> it comes back as the CA> you send CA a letter of ITS and demand them to delete TL> they delete TL (hopefully without incident) and you live happily ever after ; Never to allow any other bill to go the a nasty CA.

References:

FCRA Section 623(a)(3):

http://www.creditinfocenter.com/legal/FCRA.shtml#623

(3) Duty to provide notice of dispute. If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer.

FDCPA 809 (

http://creditinfocenter.com/legal/FDCPA.shtml#809

( If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) 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 any 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.

[nascar]

Do you legally have only 30 days to dispute (we are not talking about DVing)

or does the law provide a consumer to dispute information at any time?

I really don't think the statutes are contradictory, for several reasons. But, to answer your question, the 30 day dispute provided by the FDCPA requires nothing more than you informing the CA that you dispute the debt. An FCRA dispute is different insofar as the CA can request additional information to "help" them investigate the accuracy of the information. CAs like to mix the two together and try to make you think you have to provide more info for a FDCPA dispute. That's just not the case. And yes, you can initiate an FCRA dispute at any time.

[IHateCAs]

The FCRA statutes you quoted deal with reporting of information to the CRAs.

The FDCPA statutes you quoted deal with the validity of a debt.

There can be an absolutely valid debt that is not being reported correctly to the CRAs. The one doesn't have much to do with the other.

If you are disputing the underlying debt, use the FDCPA. If you are disputing the reporting of the debt, use the FCRA (in conjunction with other parts of the FDCPA if a CA is involved).

[LadynRed]

You do NOT have 'only 30 days' to dispute a debt. You can dispute the validity at ANY time, and YES, no matter WHEN you dispute it they MUST mark it on your reports as 'in dispute'.

If you dispute the debt within the initial 30 days, per the FDCPA the CA must cease ALL collections until they validate. If you dispute AFTER the initial 30 days, they do NOT have to cease all collections. That is the 30 day 'limitation'.

[qtptute]

And no, they dove tail together rather perfectly (with a minor few changes here and there).

[hiblues]

I asked it as a retorical question in a way.

but

thanks for the info.