Jump to content

Collection Agencies not reporting disputed by consumer.


bettercredit1978
 Share

Recommended Posts

I have 7 collections on my Experian report. And I disputed all 7 of them back in 5/2013. And all of them came back verified. But out of the 7 collections agencies 6 of them didn't put . Account information disputed by consumer (Meets requirement of the Fair Credit Reporting Act).  So my question is can I sue each one of them under section FDCPA 807 (8) Failure to report debt as being disputed. I really want to go forward with this if i can sue all 6 of them. Any help would be appreciated.

Link to comment
Share on other sites

I have 7 collections on my Experian report. And I disputed all 7 of them back in 5/2013. And all of them came back verified. 

 

Disputed with WHO?  The CAs or the CRAs?  It makes a difference whether you have a right to sue.  

 

Also keep in mind that your credit reports are not admissible proof for the lawsuit.  You need WAY more than that to sustain a lawsuit.

Link to comment
Share on other sites

Well I disputed with Experian first. Wow I didn't know that you cant use your credit report as proof. So that law doesnt hold much strength then. So what could i show as proof then im lost.

 

If you disputed with Experian THEY are not required to indicate that you are disputing the account.  It is when you dispute with the creditor reporting the tradeline that the "account disputed by consumer" must be added.  

 

When you dispute with the CRAs you can't just say what the problem is you must PROVE that the information is inaccurate.  What proof do you have that the trade liens are not accurate?  Proof is:  receipts showing you paid the debt. (for example I paid a debt to my former college on tuition owed vs financial aid received.  They sent it to collections and the CA put it on my CR.  I disputed as paid to OC and enclosed a copy of my receipt showing zero balance dated prior to it going to collections.  Trade line gone.)  Another example:  I had a satellite dish that had to be removed due to the HOA. I had an agreement in writing that I would not be charged the cancellation fee(s) and that I had returned all equipment.  For three years various CAs tried to collect $800 for equipment and contract termination.  Each time I disputed and provided copies of my documentation: no CR entry.  Two months ago a new CA just reported no dunning letter.  I disputed with the copies AGAIN and it was deleted immediately.

 

So what proof do you have of the inaccuracies?

Link to comment
Share on other sites

@Clydesmom

 

 It is when you dispute with the creditor reporting the tradeline that the "account disputed by consumer" must be added.

 

 

Unfortunately, this is not always the case.  An OC doesn't have to report that a debt is disputed.

 

It may depend upon where one is from as to whether a debt collector must report that a debt is disputed if they're reporting before you dispute.

 

    1. Disputed debt. If a debt collector knows that a debt is disputed by the Consumer ... and reports it to a credit bureau, he must report it is disputed.

    2. Post-report dispute. When a debt collector learns of a dispute after reporting the debt to a credit bureau, the dispute need not also be reported.

Wilhelm v. Credico, Inc., 519 F.3d 416, 418 (8th Cir.2008) (quoting FTC Staff Commentary, 53 Fed.Reg. 50097-02, 50106) (Dec. 13, 1988).

 

 

If a debt collector learn of your dispute AFTER they report to the CRAs, a number of courts have ruled that they don't have to report that the debt is disputed if they no longer update their entry.

Link to comment
Share on other sites

@Clydesmom

 

 

Unfortunately, this is not always the case.  An OC doesn't have to report that a debt is disputed.

 

It may depend upon where one is from as to whether a debt collector must report that a debt is disputed if they're reporting before you dispute.

 

    1. Disputed debt. If a debt collector knows that a debt is disputed by the Consumer ... and reports it to a credit bureau, he must report it is disputed.

    2. Post-report dispute. When a debt collector learns of a dispute after reporting the debt to a credit bureau, the dispute need not also be reported.

Wilhelm v. Credico, Inc., 519 F.3d 416, 418 (8th Cir.2008) (quoting FTC Staff Commentary, 53 Fed.Reg. 50097-02, 50106) (Dec. 13, 1988).

 

 

If a debt collector learn of your dispute AFTER they report to the CRAs, a number of courts have ruled that they don't have to report that the debt is disputed if they no longer update their entry.

 

@BV80 

 

I knew you would be along eventually.  Unfortunately I wasn't having much luck searching for your prior posts to copy them over.  Thanks.

Link to comment
Share on other sites

@Clydesmom

 

I found the 8th Circuit case around a year ago.  The ruling did surprise me.  It's based upon what a debt collector knows when they report to the CRAs. 

 

If they know that the debt is disputed BEFORE they ever report, they have have to report what they know...that the disputed.  Updating an existing entry is reporting.  Therefore, it would stand to reason that if they continue to update, they have to report any new information.  That new information could include that the debt is disputed.

 

However, if they choose to stop updating, they're not reporting any new information.  That's why the entry would not have to include that the debt is disputed.  I'm thinking that's based upon 1692g.  If a debt collector receives a validation request, they don't have to respond if they stop collection efforts. 

 

Well, if they have an existing entry on your CR but they choose to stop updating, that might be considered the same as stopping collection efforts.  As a result, they don't have to include the new information.

 

The case simply shows that one must see how their courts have ruled.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.