Jump to content

Sent dispute letter to collection agency - failed to report as in dispute - Can I sue?


mosinnagant
 Share

Recommended Posts

I checked my credit report a while back and noticed a collection agency reporting a debt I don't believe I owe ( an old cable bill I paid off). I sent them a dispute letter via certified mail and received the return receipt a couple weeks ago. It is my understanding that they are required to mark my credit report as "in dispute" while they investigate.  As of today they have not.  Do I have grounds to sue them under the FCRA? Should I wait the full 30 days and see what happens? Do I have to send dispute letters to the CRAs before I can sue the collection agency?

Link to comment
Share on other sites

10 hours ago, mosinnagant said:

It is my understanding that they are required to mark my credit report as "in dispute" while they investigate.  As of today they have not. 

You don't know they haven't notified the bureau(s) yet.  It can take anywhere from 30-60 days for the bureau(s) to update despite what credit monitoring sites tell you.

10 hours ago, mosinnagant said:

Do I have grounds to sue them under the FCRA?

There is no private right of action under the FCRA.

10 hours ago, mosinnagant said:

Do I have to send dispute letters to the CRAs before I can sue the collection agency?

You should read both the FDCPA and FCRA and learn their processes in full before you attempt a lawsuit.

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.