05-11-2012 02:44 PM
Spoke to Lawyer, If account is paid or settled, they must remove the consumer disputes flag. Anyone have luck PFD with LVNV?
05-11-2012 03:07 PM
Here is what I would do. Others may take a different approach.
The obvious way to approach it, if they have already reported a dispute to the CRA, is to file a direct dispute with them for inaccuracy of their reporting.
However, that is a real catch-22. Dispute to challenge the reporting of a dispute, thus placing a legitimate dispute flag in your credit file?
I would approach it as an FDCPA violation, by their threatening to take action that they cannot legally take. You have filed no dispute under any provision of the FCRA. They are threatening to report that you have.
Violations of the FDCPA are handled administratively by way of complaint to the FTC. I would draft a letter of complaint of their violation of FDCPA 807(5), addressed to the FTC, with a copy cc:'d to the debt collector, thus putting them on notice that their threat is already a violation, and if followed by actually reporting a dispute, would raise their violation from a threat to an additional illegal action.
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