They apparently have MULTIPLE FDCPA violations. Who are these EOS people? They must not have a copy of the FDCPA!
This is one of the worst FDCPA violation cases I have seen. It is a blatant disregard for your rights, and an attempt to back door you.
I would hire a debt collection lawyer, tomorrow, and consider legal action.
First, when they initially posted to your CR back on 10/1/2009, that was an intial communication of debt under FDCPA 809(a) that triggered their legal obligation under FDCPA 809(a) to have provdided you with a collection (dunning) notice within 5-days of that posting. YOu say they did not not do that, and you only later became aware of their collection activity by your own review of your CR. So they had an initial FDCPA 809(a) vioalation after 10/6/2009 for failure to provide collection (dunning) notice toy you that is unrelated to subsequent compliance with the DV process,. Apples and oranges.
Since they did not send you dunning notice, you were never under any advised 30-day limit to request validation, and you then DV'd, in full compliance with FDCPA 809(b), in 5/2010. So your DV request was timely, and later ackwoledged to have been received by them via green card recepit dated 5/21/2010.
On the day that they received your DV request, they were therefter barred under FDCPA 809(b) from continuing any active collection activity until such time as they validated your DV request.
They apparently ignored their status as now being barred from active collection activity, and choose to again report their collection activities to your CR
That is about as clear a violation of FDCPA 809(b) as you will see. FDCPA 809 deals with collection of a DEBT. They are still attempting to collecti the same debt.
To delete the prior collection, and then reinsert it under the guise of a "new collection" by the same party on the same debt, thus securing a new CA account number with the CRA, is as shallow as you see it. And, it is just a further violation of their prior FDCPA prohhibition, based on your earlie DV letter, that bars just such an action for furtthe collection activity ON THE DEBT without prior validation.
No, I would not DV them again. You have an active DV that is still not validated. Dont play into their game of arguing reset of the collection activyt bar. I would stand soley by my prior DV letter.
This is what I recommend that you do now. I would draft up a letter fo the FTC (who is the gvt agency that enforces vioaltions of the FDCPA), and to your state atty gen, (who is the state agency that can brting legal charges of vioaltions against them), clearly outlining their violaltions. Send them.
But those letters wont get immediate response from the FTC or the AG. . So, in order to let the CA immediately know of your actions, just list the CA as a cc: in each of those letters, and forward a copy of each of those letters, remind them that you consider their practives to be illegal, and maybe also simply tell them that you are additionally hiring legal counsel to file a civil action against them for FDCPA violations, in additon to any actions that may be taken by the FTC or your AG.
ct 01, 2009