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How do I know that they really validated it. What's to say that they didn't just say it's validated?
Well fishsticks...I didn't realize it was that lame of a question....and my very first post too.
LOL. It's not a lame question. TU actually has been sued and fined mega bucks for NOT investigating disputes.
But, to be honest, you really don't know. They don't always have to go to the creditor for verification. They use a database called E-Oscar.
You have the right under FCRA to ask them what method of verification they used in the dispute.
I will throw my two-cents in. It is a very good question, and the lack of a ton of responses probably reflects the difficulty of the question!
Debt validation is an extremely difficult issue. It stems from the basic fact that the statute (FDCPS 809(b)) does not define what is and is not proper debt validation/verification. It merely says that the debt collector obtain verification of the debt." It doesnt specify the process, or even require any explanation of their conclustion.
The issue of whether a specific response to a DV letter constitutes adequate verification of the debt has thus been left to the courts to determine on a case-by-case basis. Some courts have interpreted the language "obtains verification of the debt" to require the debt collector to go back to the OC for verification. Even so, does a DV response have to provide an explanation or evidence of actual contact with the OC? Most responses dont, and many court decisions have not considered such showing to be a part of an adequate DV response. In the end, it is up to the ruling of the judge who decides the issue should it lead to litigation. The courts are all over the spectrum on this, and other debt verification requriements. In my opinion, the whole issue of debt verification is a total mess. The FTC, who is charged with handling complaints of FDCPA violations, has a practice of not acting on indifidual consumer complaints. Congress has, to date, failed to step in and expand on the defination of "verification," so the only remaining, effective consumer recourse is essentially to bring legal action, and let the courts decide.
As for requesting the "method of verification" of a debt validation, in my opinion, there is no such provsion of statute. The MOV process is set forth in FCRA 611(a)(6), and applies to the descrption of the procedures used in the investigation of a consumer dispute of the accuracy of information reported to the CRAs (i.e., disputes under FCRA 611(a) or FCRA 623(a)(8)). Debt validation is a debt collection practices matter under the FDCPA, not under the FCRA. DVs are not reported to the CRAs, and are thus not items of information in your credit report.
You can certainly request MOV on a DV, but I dont see any statutory basis for requiring it.
RobertEG, I think you misunderstood the question. OP wasn't asking about a DV, OP was asking about whether or not you can tell Transunion actually verified the disputed TL.
You are probably correct. I interpreted it as a debt verification, and not a dispute verification.
Sorry!
But, I do disagree. The FCRA does give you the right to ask for method of verification on a dispute.