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How is DoFD determined?

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RobertEG
Legendary Contributor

Re: How is DoFD determined?

No, not under either the FDCPA or the FCRA.  They are administrative review processes, not legal fact-finding processes.

 

The consumer is responsible for their own account agreements with a creditor.  You can inquire, but cant compel them under either statute to provide their business records.

 

In either a dispute or a DV, verification does not require that they provide documentary evidence or to prove their determination.

The FDCPA DV process and the FCRA dispute processes are not legal discovery processes, they are processes that compel them to investigate and provide you an accurate detemination based upon a reasonable investigation.

 

You can, however, compel any party to provide information as part of legal discovery if you bring civil action and get the matter before a court.

 

 

 

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