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Re: american collect. asoc-makes CA validat & ITS letters


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Posted by glitter_girl (12.211.14.118) on September 29, 2003 at 14:12:24:

In Reply to: american collect. asoc-makes CA validat & ITS letters posted by FRANT on September 29, 2003 at 05:09:03:

If everything I read over the last month has made any sense to me (which I'm not sure it did) they absolutely CANNOT verify with the CRAs if they have not validated with you - its a FDCPA violation. My understanding is that you can sue for $1000 for each time they do it. Keep those CRA letters sayign they verified they will be needed to prove the FDCPA violation if you do sue.

An ITS letter (for a CRA) can be found at the link below. Basically for a CA use the same outline except change to "FDCPA" instead of "FCRA." You should always reword something you get off the internet anyway so that the CRAs and CA doesn't dismiss you as using a credit repair company since most letters are full of legal mumbo jumbo that only the legal heads get. Word it your way so they know its from Joe Blogs from down the street.

Instead of reinvestigation I would demand "validation in 15 days. In the event validation cannot be made or is made yet incomplete and inaccurate this account should be immediately deleted from all agencies you may have reported it to. Absent such actions on your behalf I will sue in (your local district court here) for actual damages and all compensatory damages the court may award." Main thing to make sure you include is the words VIOLATION OF FDCPA, instead of FCRA. the FCRA is for credit reporting, not collection and validation.

But everyone can correct me if I'm wrong - I am not quite to this stage yet - the CAs have another 7 days from my estoppel letter to delete from the CRAs before I send out my ITS... So I'm not positive how this part works.



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