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CFPB results (I think)

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aj1901
Regular Contributor

CFPB results (I think)

So I submitted a DV to a company after checking my credit report and saw 2 accounts that I had no clue as to what they were...they sent me an invoice for two emergency room visits about 1 year apart from each other both for 356$ exactly..I sent a PFD settlement..no response... sent another PFD offering more $ just to get them gone..no response... I called them and the lady basically called me crazy..I filed a complaint with the CFPB to experian (since I couldnt pick all 3 without doing individual complaints I figured I would try just one at first and see what happens) .. I felt if they actually investigated it and not just verified the debt existed they would see that its either not mine, or cant be proven to be mine. Today I did a daily pull with eliminate ID and the accounts are gone from ALL reports, not just experian. happy dance! Still awaiting the results of another account, but itll be the LAST open collection, the rest of my baddies are paid in full student loans with lates and what not, but that would be great to be the only thing I need to focus on. happy dance again.

Message 1 of 5
4 REPLIES 4
aj1901
Regular Contributor

Re: CFPB results (I think)

PS. I wish my score watch would update with the 2 accounts now gone and a paid off credit card that I know just updated.

Message 2 of 5
aj1901
Regular Contributor

Re: CFPB results (I think)

Does anyone know if this means they will stay off of my report? they were due to fall off next year

Message 3 of 5
RobertEG
Legendary Contributor

Re: CFPB results (I think)

They most likely deleted simply to get you off their back.

I dont see any actual violation of the FDCPA or FCRA on their part.

They stated, in response to your DV, that they had investigated, found the debt to be legitimate, and took the addtional step to send you some form of documentation.

Providing documentation to support their finding of their investigation is not a requirement of FDCPA 809(b), so they actually did more than required under the statute.

 

If you question whether they conducted an investigation, or whether their investigation supports their finding, you would need to file civil action to compel them to disclose the evidence they relied upon in their determination.  I dont see any basis for the FTC or CFPB to reach an administrative determination that there was any clear violation of the FDCPA.

 

Yes, they can reinsert without any special showing.  The FCRA has restrictions on the reinsertion of deleted information that apply only if the information was deleted based on lack of verification in a prior dispute filed under the FCRA.  A DV process is a debt collection practices matter that is not a dispute that requires any pre-certification in order to have reinserted.

I doubt they will do so, but see no restriction on their doing so.

Message 4 of 5
aj1901
Regular Contributor

Re: CFPB results (I think)

Thats pretty much what I had figured but wasn't sure. Thanks for the information though Robert. It's very much appreciated.

Message 5 of 5
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