@alloveragain3boys wrote:
I recently signed up with a credit repair service and they have been sending letters on my behalf. I received a response from Resurgent Capitol Services on behalf of LVNV Funding LLC that stated they would not investigate the dispute because they determined my dispute to be frivolous. The exact wording is as follows:
"We recently received a direct dispute from you regarding vertain information in your credit report. After reviewing this dispute, we have reason to believe that it was submitted by, prepared on your behald by, or submitted on a form supplied to you by a credit repair organization. Therefore, as permitted by law, we have determined your dispute to be frivolous and irrelevant and will not investigate it."
Has anyone dealt with this? I looked up the FCRA Act and found that Section 809 addresses disputes. This is what it says:"
(b) Disputed debts
If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of ajudgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection (a) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communica- tion during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer’s right to dispute the debt or request the name and address of the original creditor."
Don't see anything regarding "frivolous" claims. What should I do next? File a complaint?
The section you cited is not from the FCRA (Fair Credit Reporting Act). It is from the FDCPA (Fair Debt Collection Practices Act) regarding the validation of debts.
Notice that it states "If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) of this section". Here is what is stated in "subsection (a)".
(a) Notice of debt; contents
Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
The referenced 30-day period is triggered only after receiving the initial communication referenced in number 1 of section (a). Courts that have ruled on the issue have ruled that credit reporting is NOT an initial communication that triggers the right for a consumer to demand validation.
In regard to the FCRA, read section 611(a)(8)(F) which is titled "Frivolous or Irrelevant Dispute". It states that a furnisher that deems a dispute to be frivolous does not have to investigate and verify reported information. In fact, 611(a)(8)(G) states that furnishers do not have to investigate or verify disputes submitted for consumers by credit repair organizations.
