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Collection Agency that know longer has account

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Moderator Emeritus

Re: Collection Agency that know longer has account



@Anonymous wrote:

@adamseve wrote:
Where in the FDCPA or the FCRA does it state that the CA can't report if they no longer own the account? These idiots seem to think if I can't tell them a statute they can still put it on my credit report.
I'm assuming the statute would be the section discussing false representation. Correct?





That would be section 807 of the FDCPA:


§ 807. False or misleading representations [15 USC 1962e]

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(snipped irrelevant paragraph)

(2) The false representation of --

(A) the character, amount, or legal status of any debt;


By reporting the debt to a CRA, the collector is indicating that he has a legal right to collect on the debt and that you owe him some certain sum of money. That is a false representation of the character and legal status of the debt.

WARNING: I am not a lawyer and this is not legal advice.

I agree! And this should be referenced when disputing. If not, a single collection could turn into a dozen or more CAs reporting for the same debt.
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