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Question about collection agency

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CreditExpressNJ
Established Contributor

Question about collection agency

Ok so i took the route of seeing if a collection agency was licensed to collect in my state with the assurety bond thing the state sent me back the expiration letter that the Collection agency cannot collect so how do i go about getting the collection off my report and after its off should i pay it so they cannot add it back ... or sell it to someone else who is licensed..

CH7 Filed (3/29/17) - 483 EX 516 EQ 517 TU Discharged (5/31/17) - 559 EX 538 EQ 501 TU Current (1/18/22) - 690 EX 683 EQ 671 TU
Current Cards

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2 REPLIES 2
RobertEG
Legendary Contributor

Re: Question about collection agency

Neither the FCRA nor the FDCPA have any explicit provisions relating to state bonding and licensing requirements, and the resulting ability of an unlicensed debt collector to report to a CRA.  Thus, it is not a clear and specific basis for dispute.

 

However, there is some case law that has interpreted lack of meeting state licensing/bonding requirments as also being a violation of the FDCPA under the broad provision of taking an action that is legally not permitted.  The Maryland Court of Appeals, for example, recently affirmed such an interpretation as a violation of the FDCPA, giving rise to affirmance of both a violation of state and federal statute.  The judge can always require CR deletion as remedy.

Some research for case law precedent in your specific state may provide basis for bringing action for violation of the FCRA/FDCPA.

Message 2 of 3
CreditExpressNJ
Established Contributor

Re: Question about collection agency

sounds really confusing hmm
CH7 Filed (3/29/17) - 483 EX 516 EQ 517 TU Discharged (5/31/17) - 559 EX 538 EQ 501 TU Current (1/18/22) - 690 EX 683 EQ 671 TU
Current Cards

Message 3 of 3
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