lovebug5 Posted December 5, 2007 Report Share Posted December 5, 2007 Alright. This is my first official dip into the world of the FDCPA, as I've been dealing solely with BK laws and the FCRA up until this point. Here's my question:§ 807 of the FDCPA (False or Misleading Representations) clearly states:(2) The false representation of -- (A) the character, amount, or legal status of any debt; or Now, does this apply during any point that the account in question is being reported to the CRA's by a CA? Because if an account which was included in CH7 BK does not have the "IIB" notation, that's a violation of the permanent bankruptcy injunction. However, since that is a misrepresentation of the legal status of the debt, I am curious to know if it would also be considered an FDCPA violation...Thoughts? Link to comment Share on other sites More sharing options...
Amerikaner83 Posted December 5, 2007 Report Share Posted December 5, 2007 I would certainly consider it a violation. That's a completely obvious misrepresentation of the debt to me! Link to comment Share on other sites More sharing options...
lovebug5 Posted December 5, 2007 Author Report Share Posted December 5, 2007 That is what I figured, but I didn't want to jump the gun on the issue. Since I'm not very well versed on the FDCPA, I wasn't sure if there were any time restrictions on many of the sections...Or if that particular section is applicable regardless of how long the debt has been reported. Thanks again, Amerikaner. It's always appreciated. Link to comment Share on other sites More sharing options...
Amerikaner83 Posted December 5, 2007 Report Share Posted December 5, 2007 I believe the SOl for an action based on FDCPA is one year. Link to comment Share on other sites More sharing options...
lovebug5 Posted December 5, 2007 Author Report Share Posted December 5, 2007 Interesting...So 1 year from the date of first reporting? Link to comment Share on other sites More sharing options...
Amerikaner83 Posted December 5, 2007 Report Share Posted December 5, 2007 no - one year from the date of the violation Link to comment Share on other sites More sharing options...
lovebug5 Posted December 5, 2007 Author Report Share Posted December 5, 2007 no - one year from the date of the violation The lightbulb which was just missing from above my head has now magically lit itself up.Yet more ammo to put in my letter! Link to comment Share on other sites More sharing options...
Amerikaner83 Posted December 5, 2007 Report Share Posted December 5, 2007 have fun! Link to comment Share on other sites More sharing options...
cajunbulldog Posted December 5, 2007 Report Share Posted December 5, 2007 Lovebug personally I would stick with the Bankruptcy law violations as they seem to have far more teeth than Fdcpa.Just my two cents! Link to comment Share on other sites More sharing options...
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