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They were in violation of the FCRA if they were continually updating the TL each month after they received the DV.
OK, still not sure I understand the discrepancy between "they not allowed up to update the TL" with the "they're in violation if they don't," but I think I'm going to just send a final letter to the CA themselves (the other two were to their atty), notifying them that their attorney didn't properly validate the debt, that the debt TL is STILL showing on all three of my bureau reports, and that they are therefore in violation of the FCRA (might even throw in the total tally of months that it's been continued to be reported on there, as separate violations), and threaten to sue them under the FCRA unless they remove them within 30 days.
Then, if they don't, I'll dispute with the three bureaus.
thanks,
Paul
The fact that they have not validated means you still consider them to be under a cease collection bar.
It is not basis for requiring deletion of reporting made prior to the cease collection bar.
You simply have a timely DV, and thus a continuing cease collection bar.
Providng insufficient validation is equivalent to no validation, It is not a violation to attempt to validate, but fail to adequately do so.
Violation of the FDCPA would only occur if they commence collection on the debt prior to having provided debt validation.
There is no violation of the FCRA based on failure to comply with their debt collection practices obligations under the FDCPA.
DVs are not retroactive to reporting made prior to the cease collection bar, and thus there is no basis under the FCRA for compelling deltion of that reporting.
CRAs dont get involved in determinations of adequacy of debt validation under the FDCPA.
I dont see basis for dispute or asserting violation of the FCRA.
I'm lost, and I give up. I know you're trying to help me, and I appreciate your responses, but they're extremely hard to follow.
Thanks for trying.
Paul