Validation vs Verification Vs Violation??
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Posted by LittleWays
(126.96.36.199) on April 30, 2004 at 17:27:14:
I have been doing some research in my effort to deal with an AMEX, RMA collection campaign for $15000+
(recent, within SOL). I posted details earlier this month. I sent letter of validation CRRR (NJ office) with limited C&D to communicate by mail only, stop calling our place of employment, and request verification of debt with documentation. This was 2 weeks ago. No return receipt yet received. Received
2nd dunning letter from Ohio RMA office one week later. RMA continues to call daily, especially at my office and my husbands office. Yesterday we recorded them saying that we better call them back in X minutes with the name of our attorney.
I looked into the Administrative Code in NYC and found
that collection agencies are required to be licensed-no bond and face $750.00 fines for violations. By NYC Code, the CA is not allowed to call more than 2 times a
week. The rest of the code follows federal law closely.
So I went to the FTC web site and reviewed the FDCPA
to see if I could find in the law, the FDCPA staff
opinions and or case law that would clarify what must be included in "verification" I know that sending the
dispute letter is the process of validation. I am not
clear what courts are requiring as burden of proof for
the CA to present in court as debt verification. Some
forum comments say that a balance statement is not
enough. They argue that the details of a contract must be submitted, with proof of signatures, fees, charges, penalties. The CAs say that a balance statement will be enough to win a judgement...
Does anyone know what constitutes "verification", what
does case law say (link please).
Also, if there are fines for violations on the federal
level, are city fines a separate issue.Can a CA be sued for breaking federal law and city codes and incur
2 different fines?
We want to settle this debt for a percentage, how do
we go about making an offer. Do we wait for Amex to
contact us, especially if they cannot adequately "verify" the debt. Do we send a copy of the request
for validation to Amex and make an offer?
Thanks for any help,
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