What if CA updates before proper DV?

[TimeOnMySide]

I've been doing searches on this but haven't found the answer.  From what I gather the CA CANNOT update your CR during DV.  (Only exception is note a comment that says consumer disputes the validity of this acct).  What are the repurcussions if they do?  Who do you report this violation too?  Is a FDCPA or FCRA violation?

[Anonymous]

Once they get the DV and until they respond, they cannot continue collection activity.

You can sue them for $1000 for each violation.  Since DV falls under FDCPA I would say it is a violation of that.

[TimeOnMySide]

Are they also required to remove the acct from my CR?  They updated the name of the OC and the balance on my CR on 2 different days.

[Anonymous]

As long as it was on your report before they got the DV, they can update but there are stipulations.

But, if they are updating the balance, that could be a violation.  I will need to check and get back to you.

Keep bumping this up to the top or send me a PM so I don't lose the thread.

[RobertEG]

No, a DV letter is under the FDCPA, and has nothing to do with credit reporting under the FCRA.

DV letters are to requrie a third party CA to cease active collection activity until such time as they may choose to provide validation.

If you want to pursue deletion from your CR as an improper item of information, you must file a separate dispute with the CRA under FCRA 611(a).

[Anonymous]

          No, a DV letter is under the FDCPA, and has nothing to do with credit reporting under the FCRA.

          Reporting to a CRA is considered collection activity. 

[LIGHTNIN]

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@TimeOnMySide wrote:
Are they also required to remove the acct from my CR?  They updated the name of the OC and the balance on my CR on 2 different days.

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Can you offer more info?  How much did they update your balance?  2 different days? Can you give us the dates? 

[RobertEG]

Collection activity is between the CA and the consumer. Controlled by the FDCPA,

Credit reporting of a CA to a CRA is an entirely different issue.  That is between only the CA and the CRA,

I see no provision of statutory or case law, or admin rulings by the FTC, that prevents a CA from posting to a CR their current status of collection activity at any time.

FDCPA 809(b) admittedly prevents active collection activity by the CA against the consumer until DV is fulfilled, but I dont see any prohibition against their reporting to a CRA.  I await advice of rulings on any such restrictions.

[Anonymous]

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@RobertEG wrote:

Collection activity is between the CA and the consumer. Controlled by the FDCPA,

Credit reporting of a CA to a CRA is an entirely different issue.  That is between only the CA and the CRA,

I see no provision of statutory or case law, or admin rulings by the FTC, that prevents a CA from posting to a CR their current status of collection activity at any time.

FDCPA 809(b) admittedly prevents active collection activity by the CA against the consumer until DV is fulfilled, but I dont see any prohibition against their reporting to a CRA.  I await advice of rulings on any such restrictions.

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FTC has ruled updating with the CRA is collection activity. 

[TimeOnMySide]

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@LIGHTNIN wrote:

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@TimeOnMySide wrote:
Are they also required to remove the acct from my CR?  They updated the name of the OC and the balance on my CR on 2 different days.

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Can you offer more info?  How much did they update your balance?  2 different days? Can you give us the dates? 

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The CA rec'd the DV letter on 2/23. 

On 3/3 my TU CR, these details were updated to (they were different before when they updated 2/11):

1. the balance was $2120. -     2/11 bal = $2119
2. date closed 2/26/2010 -        2/11 not reported
3. OC: Express WFNNB -          2/11 Express World Financial Netw
4. (date reported 2/26)

On 3/4 my TU CR, showed these updates:

1. balance $2119
2. OC: Express World Financial Network
3. (date reported 3/4)

 Now they updated the balance again

3/18 TU CR: Updated balance from $2119 to $2133