2 violations for essentially the same thing???

[joeyjoe68]

I am curious if you can two violations for the same thing, one with the FDCPA and one with the FCRA? In particular, if a CA reports to the CRA's without validating and reporting it is disputed it is a violation of both if i am not reading it wrong....because the way i understand it, reporting to a CRA is considered continued collection activity....am i wrong in my thoughts on this?

FDCPA -- ( 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. Collection activities and communications that

do not otherwise violate this title may continue during

the 30-day period referred to in subsection (a) unless the

consumer has notified the debt collector in writing that the

debt, or any portion of the debt, is disputed or that the consumer

requests the name and address of the original creditor.

Any collection activities and communication during the

30-day period may not overshadow or be inconsistent with

the disclosure of the consumer’s right to dispute the debt or

request the name and address of the original creditor.

FCRA ---( has furnished to a consumer reporting agency information that the person

determines is not complete or accurate, shall promptly notify the consumer

reporting agency of that determination and provide to the agency any

corrections to that information, or any additional information, that is

necessary to make the information provided by the person to the agency

complete and accurate, and shall not thereafter furnish to the agency any

of the information that remains not complete or accurate.

[TTigggers]

I would say it is only a FDCPA violation.

Now if they report incorrect info and you can prove it (thats the hard part) that would be a FCRA violation.

[joeyjoe68]

Sorry, i copied the wrong paragraph. I put the correct one up there now for the FCRA

[TTigggers]

I still would say it is only a FDCPA violation because thats what they are required to do under the FDCPA. The whole "disputed" thing is only a status not incorrect information.

[joeyjoe68]

so then they are two seperate violations?

[TTigggers]

I'm not sure the only thing I see is the FDCPA violation but I may be wrong.