scottb99 Posted July 20, 2007 Report Share Posted July 20, 2007 § 392.202. CORRECTION OF THIRD-PARTY DEBT COLLECTOR'S ORCREDIT BUREAU'S FILES. (a) An individual who disputes the accuracyof an item that is in a third-party debt collector's or creditbureau's file on the individual and that relates to a debt beingcollected by the third-party debt collector may notify in writingthe third-party debt collector of the inaccuracy. The third-partydebt collector shall make a written record of the dispute. If thethird-party debt collector does not report information related tothe dispute to a credit bureau, the third-party debt collectorshall cease collection efforts until an investigation of thedispute described by Subsections (-(e) determines the accurateamount of the debt, if any. If the third-party debt collectorreports information related to the dispute to a credit bureau, thereporting third-party debt collector shall initiate aninvestigation of the dispute described by Subsections (-(e) andshall cease collection efforts until the investigation determinesthe accurate amount of the debt, if any. This section does notaffect the application of Chapter 20, Business & Commerce Code, to athird-party debt collector subject to that chapter.( Not later than the 30th day after the date a notice ofinaccuracy is received, a third-party debt collector who initiatesan investigation shall send a written statement to the individual:(1) denying the inaccuracy;(2) admitting the inaccuracy; or(3) stating that the third-party debt collector hasnot had sufficient time to complete an investigation of theinaccuracy.© If the third-party debt collector admits that the itemis inaccurate under Subsection (, the third-party debt collectorshall:(1) not later than the fifth business day after thedate of the admission, correct the item in the relevant file; and(2) immediately cease collection efforts related tothe portion of the debt that was found to be inaccurate and oncorrection of the item send, to each person who has previouslyreceived a report from the third-party debt collector containingthe inaccurate information, notice of the inaccuracy and a copy ofan accurate report.(d) If the third-party debt collector states that there hasnot been sufficient time to complete an investigation, thethird-party debt collector shall immediately:(1) change the item in the relevant file as requestedby the individual;(2) send to each person who previously received thereport containing the information a notice that is equivalent to anotice under Subsection © and a copy of the changed report; and(3) cease collection efforts.(e) On completion by the third-party debt collector of theinvestigation, the third-party debt collector shall inform theindividual of the determination of whether the item is accurate orinaccurate. If the third-party debt collector determines that theinformation was accurate, the third-party debt collector may againreport that information and resume collection efforts.Question: Does this mean that if you DV, whether it is timely or un-timely they have to respond? Maybe not necessarily validate, but according to my interpretation they have to respond with written communication. Link to comment Share on other sites More sharing options...
IHateCAs Posted July 20, 2007 Report Share Posted July 20, 2007 In Texas, yes. Link to comment Share on other sites More sharing options...
SecretAgentWoman Posted July 20, 2007 Report Share Posted July 20, 2007 No, not just respond, they have to investigate your claims, too, and let you know what they found. Link to comment Share on other sites More sharing options...
scottb99 Posted July 20, 2007 Author Report Share Posted July 20, 2007 Ahhh, good that keeps them from completely ignoring you. Link to comment Share on other sites More sharing options...
gbe Posted July 21, 2007 Report Share Posted July 21, 2007 In Texas, yes.What about collection agencies based in Texas? Are they required to adhere to this if the debtor is outside the state? Or does the Texas law only apply to debtors in Texas? Link to comment Share on other sites More sharing options...
Master Debator Posted July 21, 2007 Report Share Posted July 21, 2007 it applies to debtors in TX Link to comment Share on other sites More sharing options...
Lyssarene Posted July 22, 2007 Report Share Posted July 22, 2007 No, not just respond, they have to investigate your claims, too, and let you know what they found.Can they just verbally say -- we investigated and we find our reporting to be true (when in fact it isn't because it is reported to all 3 CRA differently?) or do they have to send proof of it. Link to comment Share on other sites More sharing options...
scottb99 Posted July 22, 2007 Author Report Share Posted July 22, 2007 Can they just verbally say -- we investigated and we find our reporting to be true (when in fact it isn't because it is reported to all 3 CRA differently?) or do they have to send proof of it.( Not later than the 30th day after the date a notice ofinaccuracy is received, a third-party debt collector who initiatesan investigation shall send a written statement to the individual:(1) denying the inaccuracy;(2) admitting the inaccuracy; or(3) stating that the third-party debt collector hasnot had sufficient time to complete an investigation of theinaccuracy.It has to be written Link to comment Share on other sites More sharing options...
Lyssarene Posted July 22, 2007 Report Share Posted July 22, 2007 Guess AAC doesn't understand that -- they updated my credit report yet again and their 30 days has expired. Link to comment Share on other sites More sharing options...
scottb99 Posted July 22, 2007 Author Report Share Posted July 22, 2007 Perhaps a complaint to the Texas AG might be in order? Link to comment Share on other sites More sharing options...
SecretAgentWoman Posted July 23, 2007 Report Share Posted July 23, 2007 Perhaps a complaint to the Texas AG might be in order?I quite agree. And the BBB, and send a copy of both with a copy of the law they violated in with your ITS letter. Link to comment Share on other sites More sharing options...
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