Filed a BBB complaint against Asset Acceptance and my complaint got dismissed.

[Anonymous]

I have an old paid collection on my reports from Asset Acceptance. It was paid in full in 2011, and I have an email chain from that time where they say they will delete the tradeline if I pay the account. They never deleted it. I disputed it with the credit bureaus and it came back verified. I sent them a couple of goodwill letters with copies of the email correspondence and I haven't heard anything from them. 

I decided to file a complaint with the better business bureau and included the background information and copies of the email correspondence. This was the response I got back from them today:

"Dear jdog0411 :

This message is in regard to your complaint submitted on 2/9/2015 3:52:07 PM against Asset Acceptance, LLC.  Your complaint was assigned ID xxxxxxx.

Your complaint is not of the sort handled by the Better Business Bureau. The BBB does not handle complaints that challenge errors in credit reporting.  

The agency that handles these types of disputes is the CFPB which can be reached at www.consumerfinance.gov

If you have any additional questions, please do not hesitate to contact us.

Regards,

Danae Hanes
The Better Business Bureau
Fax: 248-644-5026"

I know from other posts on the board that others have filed complaints against Asset with the BBB and had success. What type of complaint do I need to file against them to get the BBB to accept my complaint? I can go the CFPB route as well, but would like to put additional pressure on them through the BBB to get a response. 

[RobertEG]

I would question the accuracy of the BBB response.

Your situation, in my opinion, is properly a complaint of their business practice, and not of an error in credit reporting.

You raised no issue of accuracy of the reported collection.  Your complaint was of their busines practice of making a representation to secure payment of the debt that they are not honoring. 

The CFPB is not a court of law and thus may not view it as a clear administrative violation, but rather a factual matter than requires legal action.

I view the issue as one of debt collection practices under the FDCPA, not of credit reporting under the FCRA.

You might try a renewed complaint. 

However, you may also choose to initiate legal action based on a false representation made in an attempt to secure payment of a debt, which is actionable under FDCPA 807.

I would opine that simple filiing of a civil action for violation of the FDCPA will gain compliance.

Otherwise, the legal discovery process available under your civil action will permit you to request copies of their taped coversations.

[Anonymous]

Thank you, I agree that this is more an issue with debt collection practices than credit reporting. I will re-file a BBB complaint with the emphasis on false representation in order to collect a debt, and see how that goes. I will also consider another letter to Asset outlining the FDCPA violation and see if they will comply on their own. If not, then consider legal action. Is that type of claim something I can bring in small claims court, or would I need to file in Federal court with a lawyer?

[Anonymous]

Also, I didn't have any phone conversations with Asset, the agreement was through email. I did call their agent "Asset Recovery Solutions" to make payment, but don't believe I mentioned anything to them about the agreement I had with Asset Acceptance. Asset Acceptance is the one who is reporting the paid collection.

[CH-7-Mission-Accomplished]

Hey Robert,

Are you a judge or a lawyer?  I'm a court reporter and every time I read your responses, they sound very much like what I hear from judges and lawyers.  You speak in very formal, precise language.  I think your advice is generally fantastic.   I'm just curious about your background!

[Anonymous]

Agreed, Robert's advice is extremely helpful, I appreciate the effort you put into thoughtful and accurate responses.

[montana586]

Hes always spoken that way and if I can recall he doesn't even live in the U.S. I was shocked he Knows alot about the credit laws