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If CA claims they cannot PFD, is that a violation? - see theory.


hiblues
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I was just reading a post from Methuss...

I have a little untested theory that CAs that say they are "required to report" may be violating the FDCPA by using a deceptive means to collect.

I wanted to discuss this a little more....

get your thoughts...

The fact is: The FCRA states that Furnishers of information (in this case the CA)

are NOT required to report negative information.

per

FCRA 623 (7)(e)

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

then scoll down to (7) (e)

So any statement from them that they are required to report negative information

is 100% false and it may be a violation.... no?

Now,

I've talked to a CA from another forum and he claimed that the

CA signs a contract with the CRA which MAKES them report.

(I don't know if this is true,

considering the source - hehe)

but

even if it is true

it seems to me that contract would be a violation of said FCRA law?

No contract can make a person break the law, which this contract would do.

What are your takes on this?

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I would think that nobody is "required" to do business with the CRA's. If that were the case, everyone would report. So, if they're signing contracts there may be something that needs to change there. If the account is at a -0- balance and is thus "closed" why would they be required to report further, contract or not? Besides, it's my understanding that the furnishers "choose" to report their information...

Elyse

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