Chinadoll

Anyone know of a case where JDB was sued for violation of (15 USC 1692g)?

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Anyone know of a case where JDB was sued for violation of (15 USC 1692g), continued collection activity after failing to respond to a timely DV request by updating credit report every month and verifying disputes.

I was told by a JDB that it was not considered a violation because they noted the listing on my CR as disputed and that’s all they are required to do. I have been trying to get them to validate for four months now.

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Anyone know of a case where JDB was sued for violation of (15 USC 1692g), continued collection activity after failing to respond to a timely DV request by updating credit report every month and verifying disputes.

I was told by a JDB that it was not considered a violation because they noted the listing on my CR as disputed and that’s all they are required to do. I have been trying to get them to validate for four months now.

Could you provide a little more information about the debt and what the JDB is reporting? For instance, is the JDB reporting a date of last payment? Also, is the OC reporting the account?

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Anyone know of a case where JDB was sued for violation of (15 USC 1692g), continued collection activity after failing to respond to a timely DV request by updating credit report every month and verifying disputes.

I was told by a JDB that it was not considered a violation because they noted the listing on my CR as disputed and that’s all they are required to do. I have been trying to get them to validate for four months now.

If you're disputing a debt with the CRBs, the creditor has to reply to them, as they should be replying to your DV requests. As for the rest of it, everything I've read indicates that they should not be engaged in any sort of collection or derogatory reporting information while the debt is in dispute. Most of them ignore this from my experience...and I wouldn't sue on those grounds alone...I'd certainly use it to show a judge what unethical scumbags they are tho if I had other items on the punch list to drag them into court over.

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Could you provide a little more information about the debt and what the JDB is reporting? For instance, is the JDB reporting a date of last payment? Also, is the OC reporting the account?

No the OC is not reporting and the JDB is not reporting last payment.

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No the OC is not reporting and the JDB is not reporting last payment.

There is an FTC opinion on this, but if there's any case law supporting it, I haven't found it. The FTC opinion letter states updating a TL without responding to a timely DV letter is a violation, but I don't know how much weight an FTC letter carries with a JDB or the courts.

Here's the link to the letter:

FDCPA Staff Opinion: LeFevre-Cass

That being said, since the OC is not reporting and Midland is not showing a date of last payment, they haven't proven the debt is within the SOL for reporting to CRAs. I'd file a detailed dispute with the CRAs and request a reinvestigation including the fact that Midland hasn't proven the debt is still within the SOL for reporting.

If Midland still refuses to comply, file a complaint with your state's dept. of consumer affairs and include documentation. Getting them off your CR can be difficult, but it is possible.

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I am headed to federal court right now. They should not be pursuing any collections activities until they validate the debt. Kind of a no brainer I would think. File in small claims. I waited a year for them to validate before pursuing the $1,000 penalty the FDCPA act provides as relief for their violations. Will post the outcome!

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