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Debt validation question

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Anonymous
Not applicable

Debt validation question

I had a collection agency reporting a debt that I disputed. It was taken off and another CA picked it up. I disputed it, again. They sent me an itemized bill with DOS and an address that did not match where I was living at the time of the DOS. In fact, the address listed had been YEARS apart from the DOS listed. I called and requested from the CA that they provide me with a hard copy including my signature because I was concerned. The agent told me I needed to contact the original creditor to get those items. 

 

Is this right? Can they report information that is erroneous and refer me back to the original creditor? Shouldnt they have some liability in reporting correct information on my credit report? 

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1 REPLY 1
RobertEG
Legendary Contributor

Re: Debt validation question

Under the federal FDCPA, there is no explicit requirment to document a debt in order to validate.

Case law interpretation of FDCPA 809(b) generally supports the interpretation that adequate validation requires that the debt collector investigate and provide a determination that is supported by that investigation, but does not need to "prove" the legitimacy of the debt. 

 

Various states, however, have enacted enhanced debt collection practices requirements that do, under certain situations, require some supporting documentation.

California and New York are recent examples.

 

Whether or not reporting is inaccurate is subjective.  If the furnisher verifies the accuracy or validates the debt, they are stating that they consider the information accurate.

You can challenge that finding by first filing a dispute, and if they verify, then you can file a civil action for lack of proper investigation of your dispute.

However, consumers do not have a right to bring their own private civil action based on reporting of inaccurate information to a CRA.

Any civil action must first be preceded by a dispute under the FCRA, and then the civil action is for violation of the investigation of that dispute, not the reporting of iinaccurate information.

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