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scoppe wrote:I got a letter from Capital Mgnt back in Feb, sent them a DV in March, got the green card back signed March 6, and havent' heard another thing from them.The OC is reporting as a CO with a DOLA of Jan '03, and CA isn't reporting at all. It's out of SOL for Fl.Any idea's where I go from here?
llecs wrote:Some would argue that reporting is collection activity, but there is no specific court case that I'm aware of that addresses this.The only thing I know of that addresses this is an FTC opinion that says reporting is a collection activity. My state's AG supports that opinion as well.State AG link that discusses it- scroll towards the bottomFTC opinion -
I DV'd a CA after receiving a letter as well. Never heard from them and they aren't reporting. I asked what I should do and was told just to keep my copies of the DV letter, GC, CM label in case they appear.
scoppe wrote:I got a letter from Capital Mgnt back in Feb, sent them a DV in March, got the green card back signed March 6, and havent' heard another thing from them.The OC is reporting as a CO with a DOLA of Jan '03, and CA isn't reporting at all. It's out of SOL for Fl.Any idea's where I go from here?
sidewinder wrote:
llecs wrote:Some would argue that reporting is collection activity, but there is no specific court case that I'm aware of that addresses this.The only thing I know of that addresses this is an FTC opinion that says reporting is a collection activity. My state's AG supports that opinion as well.State AG link that discusses it- scroll towards the bottomFTC opinion -
I'll change my tune if it specifically addresses this issue. Is it on any of the letters in this forum? How about in the above opinion letter?
HappyDays wrote:Please don't make me go digging this out. It was a JUDGE that said that reporting was concidered COLLECTION activity!!!!
HappyDays wrote:Please don't make me go digging this out. It was a JUDGE that said that reporting was concidered COLLECTION activity!!!!
llecs wrote:I'll change my tune if it specifically addresses this issue. Is it on any of the letters in this forum? How about in the above opinion letter?
HappyDays wrote:Please don't make me go digging this out. It was a JUDGE that said that reporting was concidered COLLECTION activity!!!!
Yes, it is on the opinion letter.
The Boatley case never addressed whether reporting during the DV period was considered collection activity or not. Boatley was looking for a judgment in her favor by bringing up that issue. However the judge never did rule on that point because the Defendant (the CA) never offered proof that they sent a dunning letter to begin with. If they had, the judge would have to rule on that issue. Moreover, the central issue was whether or not a CA should mark the account as "in dispute" as they should have done.
sidewinder wrote:
llecs wrote:I'll change my tune if it specifically addresses this issue. Is it on any of the letters in this forum? How about in the above opinion letter?
HappyDays wrote:Please don't make me go digging this out. It was a JUDGE that said that reporting was concidered COLLECTION activity!!!!I just re-read the follow up DV and it does say it in there. States "In the case TWYLA BOATLEY, Plaintiff, vs. DIEM CORPORATION, No. CIV 03-0762 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA, 2004, the courts ruled that reporting a collection account indeed is considered collection activity."Yes, it is on the opinion letter.