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Help with collection agency FCRA violations


gankin247
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I'm looking for help to determine which FCRA violations, if any, a CA has committed against me.

In November I received a letter from a CA regarding a disputed telephone bill from over 5 years ago. I sent a DV letter CRRR (I have the green card). The CA did not respond to my DV letter.

I thought that was the end of it until I saw that the CA has reported a TL to all three CRAs last month, without providing the DV I requested.

I'm in the process of drafting an ITS letter and accompanying law suit draft. I have not disputed the TLs with the CRAs. Should I?

The obvious FDCPA violation here is 15 U.S.C. § 1692g(B) requiring a debt collector, upon receipt of a request for debt verification, to “cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt”.

The FCRA is more difficult, as the obvious violations are all under 15 U.S.C. § 1681s-2(a), which fall under the Limitation on liability. "Except as provided in section 621©(1)(B), sections 616 and 617 do not apply to any violation of-

(1) subsection (a) of this section, including any regulations issued thereunder".

15 U.S.C. § 1681s-2(B) violations, which are actionable, appear to only apply when a consumer disputes a TL with the CRA and the TL is then erroneously verified as accurate.

At this point, do I have any actionable FCRA violations from the CA reporting a TL to all three CRAs without providing DV?

Thanks.

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I'm looking for help to determine which FCRA violations, if any, a CA has committed against me.

In November I received a letter from a CA regarding a disputed telephone bill from over 5 years ago. I sent a DV letter CRRR (I have the green card). The CA did not respond to my DV letter.

I thought that was the end of it until I saw that the CA has reported a TL to all three CRAs last month, without providing the DV I requested.

I'm in the process of drafting an ITS letter and accompanying law suit draft. I have not disputed the TLs with the CRAs. Should I?

The obvious FDCPA violation here is 15 U.S.C. § 1692g(B) requiring a debt collector, upon receipt of a request for debt verification, to “cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt”.

The FCRA is more difficult, as the obvious violations are all under 15 U.S.C. § 1681s-2(a), which fall under the Limitation on liability. "Except as provided in section 621©(1)(B), sections 616 and 617 do not apply to any violation of-

(1) subsection (a) of this section, including any regulations issued thereunder".

15 U.S.C. § 1681s-2(B) violations, which are actionable, appear to only apply when a consumer disputes a TL with the CRA and the TL is then erroneously verified as accurate.

At this point, do I have any actionable FCRA violations from the CA reporting a TL to all three CRAs without providing DV?

Thanks.

You do not have a FCRA claim - YET.

You need to dispute with the CRAs to get the s-2b violation.

You may have the FDCPA violation.

Just wait, it'll get better and turn out better (monitarily) for you later. DV the CRAs now though.

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