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Hi everyone.
Portfolio/Calvary has a collection account for me.
I sent them a standard DV and they replied with an account statement from the OC and another sheet of paper showing their license info to collect debt in my state. But there's nothing linking them directly to the debt that they've sent me, only the OC account info.
In the same week I received their reply, they added the collection to my credit reports and included in each report that the account was being disputed by the consumer. My issue is that it does not seem to me that a simple account statement is verification, and if it is not, have they now violated FCRA(?) by resuming collections with adeuqate validation?
Thank you, hoping I can figure this out
I guess my more specific question is, does a simple account statement satisfy the validation. No company refence to the CA, just an OC account statement.
Debt validation is under FDCPA 809, and not the FCRA.
FDCPA 809(b) does not explicitly require documentation in order to support adequare verification.
While case law in some jurisdictions have held that some documentation is required, that is not the norm.
Usually, a statement that they verify the debt is adequate. Since documenation is not an express requirement, absence of documentation is only inadequate if a judge makes such an interpretation of FDCPA 809(b) in their ruling on a legal action by the consumer asserting resumption of collection activities withour first having provided adequate validation. Thus, as stated in a prior response, legal action is uusually necessary to support finding of lack of verification, and any such legal action would also be required to show that the DV request was timely in order to invoke any cease collection bar. A finding by the judge will depend upon the binding appellate case law in their jurisdiction and upon the interpretation of the statute by the individual judge.
In my opinion, the providiing of an account statement from the OC is usually more than adequate validation of the debt.
Some states have enhanced debt validaiton statutes/regs that do specify some form of documentation. If you live in such a state, you would need to send a DV request under that state statute, and not under the FDCPA, in order to compel compliance with any such state requirment.