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blondie813

Looking for assistance with suing CA in small claims for FDCPA/FCRA violations

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Hello,

 

I have some questions about suing a CA for FCRA/FDCPA violations in small claims. I am in Michigan and my court has a small claims packet which I have completed.  I am specifically looking for info on how to outline the violations.  Do I simply type up a couple of paragraphs outlining the violations or should I be more formal and use a traditional court format?  I have searched a lot through the forums but haven't found much info. 

 

All feeback is greatly appreciated.

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What precisely are you suing for?

 

I only ask because if it's a legitimate claim, go to www.naca.net, get a consumer attorney (most consults are free) and they'll handle the work for you on contingency i.e. no cost to you with their fees in the lawsuit.

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I found a collection on my report back in December 2013.  In February 2014, I sent a DV request and disputed it with the CRAs. Later that month, the CA deleted the tradeline from my CR.  They never sent an initial communication and never responded to my DV request.

 

Flash forward on March 3, 2015, I had a collection pop up on my CR and it is for the same CA and same account but they have changed their account number.  They state that the OC placed the account with them originally in August 2013 and then recalled it in August 2014. They went on to say that the OC placed it with them again on 1/29/15 thus justifying the new CA account number.

 

With both insertions on my report, they have never provided initial communication, or responded to my DV request from 2014. 

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Have you received a Dunning letter or any phone calls from said CA?

 

CR reporting isn't generally considered collection activity so if they haven't attempted to collect then they don't have to respond to a DV & your dispute would be with the CRAs

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Have they called you since you sent the DV?  And did you ever receive a letter after the call?

 

Basically, as I understand it, if you dispute a TL, all they have to do is verify it's accurate to the CRA, nothing to you.  Now you can further dispute with the CRAs but I'll leave it to others ( @fisthardcheese ) to guide you through that.

 

If you send a DV after communication with a CA they either have to validate or cease collection efforts on you, I'm not sure if they have to delete a tradeline or just mark it as "Customer disputes"

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I sent the DV in February 2014 and they have called me since then (recently). I have never received anything from them in the mail at any time.

 

They have to mark the account as in dispute on the CR but as I understand it, if I send a dv and subsequently dispute with the CRA, the CA cannot verify it as accurate to the CRA unless they respond to the DV or else they are in violation.  

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They have to mark the account as in dispute on the CR but as I understand it, if I send a dv and subsequently dispute with the CRA, the CA cannot verify it as accurate to the CRA unless they respond to the DV or else they are in violation.  

 

Your understanding is wrong.  They can ALWAYS verify the information as accurate to the bureaus regardless of whether they respond to your DV.  The major problem you have is that you sent the DV after finding them on your credit report.  They are not required to respond to it under the FDCPA or FCRA under that circumstance.  The courts are divided on whether a trade line is collection activity.  

 

If you dispute the trade line they must mark it in dispute but it has nothing to do with validation with you. 

 

I suggest you run the entire fact pattern by a NACA consumer attorney before you file a frivolous case and get nailed for their attorney fees and costs for doing so.

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