My version of the 1-2punch, invoking the FCRA and FDCPA

[Jen23514]

oops.

 

YES! you can dispute ANYTHING within a reported TL at anytime (unless it is considered frivolous) and they are required to investigate it.

 

 

 

To clarify, you can also dispute via the FDCPA at anytime, but they do not have to stop collections.

Edited June 3, 2008 by Jen23514

[pryan67]

ya beat me to it Jen *LOL*

 

you gave more info

 

 

Honestly..... my first 6 (12?) months here, NONE of this would have made sense. You really do have to wait for the lightbulb moment.

 

I can not stress enough that the quickest way to do that is to print out (sorry trees) the FDCPA and FCRA and sit down and READ. There are quite a few threads from 2003ish that really tackle many of the sections around here, you just have to search. If you don't find it, I would love people to post which section they are struggling with or FTC opinion or whatever.

 

 

 

more excellent advice...

 

heck...bring it with you on the bus/train...while sitting on the toilet...during a particularly boring meeting at work (you'll impress the boss by looking like you're REALLY into it *LOL*)...have a highlighter with you...actually two...one yellow...one green...highlight the important sections in one color...the other color use for the sections you don't understand....and ask here.....

[clambert1273]

ya beat me to it Jen *LOL*

 

you gave more info

 

 

Honestly..... my first 6 (12?) months here, NONE of this would have made sense. You really do have to wait for the lightbulb moment.

 

I can not stress enough that the quickest way to do that is to print out (sorry trees) the FDCPA and FCRA and sit down and READ. There are quite a few threads from 2003ish that really tackle many of the sections around here, you just have to search. If you don't find it, I would love people to post which section they are struggling with or FTC opinion or whatever.

 

 

 

more excellent advice...

 

heck...bring it with you on the bus/train...while sitting on the toilet...during a particularly boring meeting at work (you'll impress the boss by looking like you're REALLY into it *LOL*)...have a highlighter with you...actually two...one yellow...one green...highlight the important sections in one color...the other color use for the sections you don't understand....and ask here.....

 

You dont really want me to break out the highlighters and start asking questions do you You could be awake a LONG time lol

[Jen23514]

heck...bring it with you on the bus/train...while sitting on the toilet...during a particularly boring meeting at work (you'll impress the boss by looking like you're REALLY into it *LOL*)...have a highlighter with you...actually two...one yellow...one green...highlight the important sections in one color...the other color use for the sections you don't understand....and ask here.....

 

bi-weekly swim lessons. If the kids are kicking in the water for 90 min... why not? there is only so much spider solitaire I can play on my phone.

[eclipse799]

Thanks for this, Jen - I've been turing over in my mind a similar concept since you pointed me to the FCRA data furnisher requirements. I've been trying to figure out the best way to go about it, and you did it for me :LOL

[pryan67]

ya beat me to it Jen *LOL*

 

you gave more info

 

 

Honestly..... my first 6 (12?) months here, NONE of this would have made sense. You really do have to wait for the lightbulb moment.

 

I can not stress enough that the quickest way to do that is to print out (sorry trees) the FDCPA and FCRA and sit down and READ. There are quite a few threads from 2003ish that really tackle many of the sections around here, you just have to search. If you don't find it, I would love people to post which section they are struggling with or FTC opinion or whatever.

 

 

 

more excellent advice...

 

heck...bring it with you on the bus/train...while sitting on the toilet...during a particularly boring meeting at work (you'll impress the boss by looking like you're REALLY into it *LOL*)...have a highlighter with you...actually two...one yellow...one green...highlight the important sections in one color...the other color use for the sections you don't understand....and ask here.....

 

You dont really want me to break out the highlighters and start asking questions do you You could be awake a LONG time lol

 

 

Bring it on *LOL*

[powers64]

Great post jen!

 

I started to add Jack-esque line-by-line disputes to my DVs as well. And i also have a modified version that i have sent to OCs. (without the FDCPA preservation of contact/timing etc)

 

My thinking is that it sort of forces a definition of validation on them, without having to list a kitchen sink full of documents that they are not legally required to provide.

 

I think if you just say please validate...too vague..they just send back whatever random thing they want to..then you get stuck in a back and forth fight over what exactly is validation rather than staying on topic...the information that is incorrectly being reported.

 

If you send them a list:

This is not a refusal to pay, but a notice that your claim is disputed in full. .

 

More specifically, I am disputing the reporting of the following items to the credit reporting agencies:

* The amount of $xxx.xx is due your company

* that this alleged debt is payable to you

*the date of last activity reported by your company

*that this account is considered a factoring account

* that you have the right to report lates on 6/07, 7/07, 8/07, 9/07,10/07 and 11/07.

* I was never late to you on the above-mentioned dates.

 

It give them an outline of the things they have to provide documentation for. They might send you your statements, but that doesn't explain how they are considered a factoring account...etc...

 

It makes it specific..and gives them a lot of work..with a very short amount of time to research and prepare it all.

[sara2007]

Great post Jen! I've read through both several times but haven't printed it out yet. Plan to do that, thanks

[raichelle2]

Thank Jen! I appreciate you guy's lightbulbs... I'll keep reading until mine decides to *ding*

[drew3918]

ya beat me to it Jen *LOL*

 

you gave more info

 

 

Honestly..... my first 6 (12?) months here, NONE of this would have made sense. You really do have to wait for the lightbulb moment.

 

I can not stress enough that the quickest way to do that is to print out (sorry trees) the FDCPA and FCRA and sit down and READ. There are quite a few threads from 2003ish that really tackle many of the sections around here, you just have to search. If you don't find it, I would love people to post which section they are struggling with or FTC opinion or whatever.

 

 

 

more excellent advice...

 

heck...bring it with you on the bus/train...while sitting on the toilet...during a particularly boring meeting at work (you'll impress the boss by looking like you're REALLY into it *LOL*)...have a highlighter with you...actually two...one yellow...one green...highlight the important sections in one color...the other color use for the sections you don't understand....and ask here.....

 

 

 

 

 

 

Nothing in the World like dropping the kids off at the pool while reading on the Porcelain Throne, DRINKING a Cold 1

Great Post Jen.....

[sedric1]

i have a CA (asshat) on the way, so i'll be reviewing this for more ammo. Thanks

[Jen23514]

Nothing in the World like dropping the kids off at the pool while reading on the Porcelain Throne, DRINKING a Cold 1

Great Post Jen.....

 

ummmm, thanks?

[ChrisAZ]

Thanks for the great posts Jen. And also to Pryan for educating me over the past year or so (and Centex as well). I too have changed the way in which I dispute. I tend to follow Pryan's method which he mentioned in an earlier post - which is too hit the CA's and CRA's with all of my specific points in my initial correspondence. And yes it does take more time up front, but you get better results and you can put them on notice that you are aware of your rights and not just a poser that copied some letter off a website. LOL Plus later if you need to litigate, you have more ammunition to show they willfully violated and not just a minor mistake.

[bird2006]

wonderful information. i still have lightbulb moments. i had one when i read this thread. thanks everyone!

 

[blackberry74]

I love the way you laid this out, Jen...tracking AND printing.

[Jen23514]

while I AM a big fan of the short letters...one of the reasons I suggest them for many people is because a lot of them won't bother learning the basics...much less the advanced information which you presented so well in this thread....

 

I wish more people would learn the basics. Prior to reading the FDCPA, I am not sure I have ever read a federal statute. It doesn't take long and learning WHY you dispute is invaluable.

 

Well, it's only invaluable to learn if you value your rights

[clambert1273]

well for me trying to read all this federal stuff was like learning a new language that I didn't understand and I am sure that most that are new will agree lol The FDCPA was pretty cut and dry but the FCRA - yikes... that just made my head spin (plus trying to chase a 1 year old).

 

I am one of those I have to see it in front of me so I didn't have an option but to print it lol I am a recruiter and with all the high tech stuff we have - I still print resumes and file them lol I just have to see it in front of me - I love to take notes... so much for going green eh lol

 

I think the hardest part (for me) when I was starting in March is that you really don't understand anything and the pile of information is extremely daunting... the first week (before I posted) I thought my head was going to explode... then you feel you are ready only to learn after you send the first rounds that you weren't... but it is adaptable and you keep going which is what will happen 99% of the time - you have to make your own mistakes to learn from them

 

Now (almost 3 months later -god has it been that long!!!) I am readily more prepared, I do my letters ahead of time and keep revising before I send out (still doing the dual CA one right now) and keep learning new ways and approaches... I keep rolling in my head what I should and shouldn't do and often recite my letters to myself while I am driving (dorky I know) but it keeps it in my head

 

Wish I would have waited to start my first rounds but I didn't so I will pick up again, brush off and go at it again.... can't really go down hill from here can I? LOL

[Jen23514]

I love the way you laid this out, Jen...tracking AND printing.

 

thanks supermom

[Jen23514]

I think the hardest part (for me) when I was starting in March is that you really don't understand anything and the pile of information is extremely daunting... the first week (before I posted) I thought my head was going to explode... then you feel you are ready only to learn after you send the first rounds that you weren't... but it is adaptable and you keep going which is what will happen 99% of the time - you have to make your own mistakes to learn from them

 

I'm embarrassed to show you my letters from my first year.

[bryanm61]

Hi, Jen -

 

Great work, but there's a passage you had in your original post that made my jaw drop:

 

"Before you get sue-happy, read the part in the FCRA where it explains that a consumer cannot sue to enforce section 623(a). Enforcement of this section is specific to the named governmental bodies. However, a consumer can sue to enforce section 623( b ) which has a relationship with the (a) provisions."

 

 

Since I'm right in the middle of contemplating a 623 (a) action against a CA, I had to go back

re-read the ENTIRE FCRA (for about the 55th time now). Here's what I found:

 

§621. Administrative enforcement [15 U.S.C. §1681s]

 

(a) (3) Notwithstanding paragraph (2), a court may not impose any civil penalty on a

person for a violation of section 623(a)(1) [§ 1681s-2] unless the person has been

enjoined from committing the violation, or ordered not to commit the violation, in

an action or proceeding brought by or on behalf of the Federal Trade Commission,

and has violated the injunction or order, and the court may not impose any

civil penalty for any violation occurring before the date of the violation of the

injunction or order.

 

 

Is this the section you're talking about?? If so, it's kinda good news for me, 'cause my action would be under 623 (a) (3).

 

But geeeez, for a lot of other people, 623 (a) (1) is one of the few sections of the whole FCRA that appeared to have any "teeth". And now, come to find out, we can't even use that section to sue, unless the FTC has an injunction or court order already in place against the specific CA we're targeting. And how often does that happen? Like, never.....

 

And if that's NOT the correct section, could you please direct me to the relevant one??

 

 

*******************************************

I don't mean to rant, but with each and every passing day, I'm becoming more and more convinced that the CRA's and CDIA wrote the whole damned FCRA to fool congress into thinking it actually meant something, knowing full well their army of lawyers had left loophole after loopholes within bigger loopholes, so that the whole FCRA ultimately boils down into one big, meaningless, empty goose-egg for the consumer. Nada. Zero. Zilch.

*******************************************

[Stryker]

Bump.

[Jen23514]

Bump.

 

 

*gives a quick curtsy*

[Jen23514]

Is this the section you're talking about?? If so, it's kinda good news for me, 'cause my action would be under 623 (a) (3).

 

But geeeez, for a lot of other people, 623 (a) (1) is one of the few sections of the whole FCRA that appeared to have any "teeth". And now, come to find out, we can't even use that section to sue, unless the FTC has an injunction or court order already in place against the specific CA we're targeting. And how often does that happen? Like, never.....

 

And if that's NOT the correct section, could you please direct me to the relevant one??

 

yes, that is the section I am talking about (sorry I missed your post earlier).

 

Many people think that they can sue for ANY infraction of the FCRA and willy-nilly send off ITS letters without realizing that not violations are actionable by consumers.

[239dyme]

Hello everyone, been reading yellowrose post for a long minute now. I find it very helpful and beneficial to me. What I need to know is......what letter can I send to the CRA's to dispute a CA reporting my account as a DF? I already have my letter ready to send to the about this. Should I wait to see if they delete first before disputing with the CRA or do both? Thanks, for any help given. 239Dyme in Florida

[DragonFlyer]

subscribing. Thanks Jen (and everyone else) for this great thread full of info!