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Re: request valdation;when must they provide;what about court


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Posted by Lifter (63.203.100.249) on September 14, 2003 at 10:50:52:

In Reply to: request valdation;when must they provide;what about court posted by jonsy on September 14, 2003 at 06:01:05:


Here's an excerpt of what I found in regards
to timelimits for re-investigation. Hope this
helps...


§ 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i]

(a) Reinvestigations of disputed information.

(1) Reinvestigation required.

(A) In general. If the completeness or accuracy of any item of information contained in a consumer's file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly of such dispute, the agency shall reinvestigate free of charge and record the current status of the disputed information, or delete the item from the file in accordance with paragraph (5), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer.

(B) Extension of period to reinvestigate. Except as provided in subparagraph (C), the 30-day period described in subparagraph (A) may be extended for not more than 15 additional days if the consumer reporting agency receives information from the consumer during that 30-day period that is relevant to the reinvestigation.

(C) Limitations on extension of period to reinvestigate. Subparagraph (B) shall not apply to any reinvestigation in which, during the 30-day period described in subparagraph (A), the information that is the subject of the reinvestigation is found to be inaccurate or incomplete or the consumer reporting agency determines that the information cannot be verified.


So it looks to me like they've got an extra
couple of weeks to validate under some circumstances. Whatever those are.

I'm not a lawyer so please, check for yourself,
call whomever you need to call.

ALSO...

The only "criteria" I've been able to find in
the FTC rules regarding validation include
the name, address and amount of debt!

This can't be right.

However, if this is how the law reads, and
PLEASE correct me if I'm wrong...

This is how certain "bottom feeding" CAs are
allowed to "validate" debts with nothing but
a signed and "sworn" statement!

I truly hope that I'm missing something here.

If this is indeed the case, then the deck is
REALLY stacked againsed the consumer!

Still Looking,

-=L=-




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