Re: LVNV Complaint - BBB[ Edited ]
03-24-2013 01:00 AM - edited 03-24-2013 01:03 AM
If deleted based on lack of verification of a prior dispute, then any party reporting a collection must first provide the lacking verification of the debt, the CRA must accept that verification, and the CRA must inform you of the reinsertion within 5 days. FCRA 611(a)(5)(B).
Lacking any such notification from the CRA, the process was not followed.
However, a BBB complaint would be third on my list for addressing the issue.
First would be a formal complaint or dispute sent to the CRA, with your supporting documentation of the prior dispute and the deletion as a result of that disptue.
What most likely happened is that when the debt collector reported, they did not notify the CRA that it was a reinsertion that required pre-certification.
The CRA has the records, and can be made aware of the debt collector's failure to have provided the certification of accuracy. At his point, they are most likely unaware that they reinserted without their need compliance with section 611(a)(5)(B).
Second on my list would be a complaint addressed to the FTC, which has compliance authority over the FCRA and FDCPA.
However, prior to doing so, I would want to know who is in violation.... the debt collector for not notifying the CRA that it was a reinsertion, or the CRA for knowing it was a reinsertion and not sending the required notice to the consumer.
BBBs are informal complaints.