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FCRA and/or FDCPA violations

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Regular Contributor

FCRA and/or FDCPA violations

Ok.  TU and EX will not delete an account LVNV is reporting.  I've DV'd these morons on 3 seperate occasions, haven't heard a peep out of them.  After my 1st DV, I disputed with TU and EX that this account is not mine.  They verified.  Sent MOV to both TU and EX.  TU sent reply that the account is "verified".  I resent letter to them telling them that I did not ask them to "verify" again, I wanted to know the MOV.  TU's reply was that "Validation documents not available".  EX on the other hand just keeps verifying and not providing me anything.  I sent my last letter to both TU and EX along with copies of my DV letters and CMRRR's to LVNV showing my DV requests and their non-compliance, and also sent copies of my MOV letters to both TU/EX respectively asking them to delete the account since LVNV has not provided me any documents in the 6 months since I requested them.  EX send me a nice new CR indicating that LVNV continues to "verify" and now my dispute is "frivolous".  TU sent me 2 letters in the same envelope.  Those were that they have investigated my dispute and now consider it "frivolous" as well, and their other letter was another "Validation documents not available".  Every time LVNV had updated my CRs without providing me any documents.  Do I have some FCRA/FDCPA violations that I can pin on all 3 of these idiots.  Thanks!
TU 673 EX (720 Credit score) EQ 690 (08/2009)
TU 698 EQ 697 EX ?? (07/2010)
Message 1 of 9
8 REPLIES 8
Regular Contributor

Re: FCRA and/or FDCPA violations

I recently experienced the same thing with a company i debt validated.  I also contacted the CRAs to inform them that my request were being ignored, in hopes of them deleting a tradeline. 
 
This is what they told me...
 
This is not their problem and that I needed to file a compliant with the FTC.  Their only responsibility is to dispute the account.   If they verify they are out of it.  They are not obligated to remove tradelines when the CAs don't validate.  
 
Taking their advise I filed a compliant with the FTC.  Took me all of 5 minutes. 
 
Within 2 days the account was deleted and I received a letter from the CA stating that they will no longer pursue collection.
 
File a compliant with the FTC, and if that doesn't work, I one with the BBB an their state attorney general.  Don't stop fighting...lots of people do this.  If you quit...you lose.
 
 
Be blessed...
 
 
 
 
Message 2 of 9
Frequent Contributor

Re: FCRA and/or FDCPA violations

How do complaints to the FTC or BBB actually work? I have made complaints regarding violations from a CA and a CRA but we have heard nothing. How do these complaints make their way to the correct people and "make" them behave?
Message 3 of 9
Regular Contributor

Re: FCRA and/or FDCPA violations

The FTC do not intervene on behalf of consumers, however it's good to do this because they keep statistics on credit/debt violation.  They also forward you a compliant number.  This is good ammunition against the collector.  It usually scares them straight.
 
File a compliant with the business state attorney general office.  You should be able to find them by googling their website.  Once you find the site, look for the consumer protection link.  There should be a phone number and maybe a compliant form.  Download it and mail it certified return receipt along with any documentation you may have proving you case. 
 
Once received, it's assigned to a mediator and they begin investigating.  In some cases they may forward it to their local BBB.  Either way you have a mediator working on your behalf and this usually works.
 
 
Message 4 of 9
Frequent Contributor

Re: FCRA and/or FDCPA violations

Hi,

How did you file the complaint to FTC? Did you use the web or sent by mail? Could you pass me the address or the website?

Chanduwar
Message 5 of 9
Frequent Contributor

Re: FCRA and/or FDCPA violations

I just filed through their website. Click the tab for consumer protection, then the tab for file complaint.
Message 6 of 9
Moderator Emeritus

Re: FCRA and/or FDCPA violations

Message 7 of 9
Moderator Emeritus

Re: FCRA and/or FDCPA violations

If this is the letter that you sent as an MOV
 
CRA
ADDRESS
ADDRESS
 
Date
 
 
Dear Sir or Madam:
 
On __________ I filed a dispute with Experian regarding the account from _________ which appears on my Experian credit report. On ________ I received the results of the investigation stating that the account had been verified.
 
Under the Fair Credit Reporting Act, section 611(a)(7), I am entitled to receive a description of the procedure used to determine the accuracy and completeness of the information, including the business name and address of any furnisher of information and the telephone number of such furnisher, if reasonably available. Also Please  provide the name and address of the person that you spoke to.
 
Please mail this information to me at the address below:
 
Name
Address
Address
 
 
Sincerely,
 
(TYPED NAME
 
 
Send this letter along with ALL  Dv letters GC and cert paper. And follow through with a lawsuit!
 
As to the CAs updating & not validating....each is a violation (up to $1000 each)
 
File a lawsuit against them!
 
this only goes to the CRAs
 
Example letter:
 
FCRA Section 611(a)(1)(A)clearly states that upon receipt of a dispute Experian is to perform an investigation. Oviously, this did not hold true of my dispute of xx date. On xx date I received notice from Experian that my dispute had been "previously investigated". According to the FCRA, this is not an option.

Because of your blatant disregard for the FCRA, I am demanding that the disputed tradelines be deleted from my credit report. I am guaranteed, by law, that you will report with 100% accuracy and that any account I dispute will be investigated. You have proven that this cannot be done.

You now have 5 days from your receipt of this letter to remove the previously disputed accounts from my credit report. Be advised, that my attorney has in his possession all the letters and supporting documentation regarding this matter. If the accounts in question are not deleted he will file suit in Federal Court.
 
 
Message 8 of 9
Regular Contributor

Re: FCRA and/or FDCPA violations

ftc.gov  link on the consumer protection link
Message 9 of 9
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