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When CA's Ignore FDCPA Rules; What to Do?

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I've read through the forum til my eyes are bloodshot and blurred. Complete Credit Solutions is on my credit report, about some credit card that I never had and never heard of. I never ordered anything from this company (Bon Ton) and never had any card or monthly bills come to my address, so I don't know how this is possible. When they called, I told them to send me the credit application, what was ordered, anything, but of course, the CA didn't. Now it is on my report with a date of January 2019. They couldn't even give me the date it was opened. 

 

I see other people have had problems with Complete Credit Solutions never validating anything. I'm sending my letter out, but is there anything else that I can do because I know it's about to become a headache with these people. Thanks for any advice!

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20 minutes ago, cv91915 said:

I believe the FDCPA only applies to original creditors.

NO. The FDCPA never applies to original creditors.

2 hours ago, swf said:

I'm sending my letter out, but is there anything else that I can do because I know it's about to become a headache with these people.

Unfortunately the FDCPA will not apply if they do not validate because they are only required to respond if you send the DV letter within 30 days of their first contact WITH YOU.  Reporting to the bureaus is not contact with you regarding the debt.  The second problem is the FDCPA only requires they cease collection efforts until they do validate.  The courts are deeply divided on whether a trade line on a credit report is collection activity.  Until a case is challenged all the way to SCOTUS and they issue a ruling there is no telling how your courts would interpret not removing the trade line.

 

There are a couple of states like California or Texas that give additional rights to their residents beyond the FDCPA.  What state are you in?

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21 minutes ago, CreditSucksNot said:

NO. The FDCPA never applies to original creditors.

 

I'm not sure if it's obvious but I've been up for 27 hours. 

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24 minutes ago, CreditSucksNot said:

Take a nap.  :D

 

I took an Ambien and an OTC before we boarded in Dallas, and I'm still sitting here wide awake.  🙁

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5 hours ago, cv91915 said:

I believe the FDCPA only applies to original creditors.

No, you got that backwards. It does NOT apply to OCs, just third party debt collectors.

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7 hours ago, swf said:

I've read through the forum til my eyes are bloodshot and blurred. Complete Credit Solutions is on my credit report, about some credit card that I never had and never heard of. I never ordered anything from this company (Bon Ton) and never had any card or monthly bills come to my address, so I don't know how this is possible. When they called, I told them to send me the credit application, what was ordered, anything, but of course, the CA didn't. Now it is on my report with a date of January 2019. They couldn't even give me the date it was opened. 

 

I see other people have had problems with Complete Credit Solutions never validating anything. I'm sending my letter out, but is there anything else that I can do because I know it's about to become a headache with these people. Thanks for any advice!

Sue them. Attempting to collect  a debt that is not yours is a violation. I'm sure they'll have a bunch of excuses, but too bad for them.

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57 minutes ago, legaleagle2012 said:

No, you got that backwards. It does NOT apply to OCs, just third party debt collectors.

I am glad someone finally got around to covering that in this thread.

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I live in Maryland. When they originally contacted me last year, I asked that they send me anything about this credit card, but they didn't. I need to see who opened the card, where were the purchases made, etc. But I cannot get any information from them. 

 

So, now that I cannot validate, what can I do to get this off my credit report? Sue them? I'm willing to go to court and force their hand. I figure, the only defense they will have is to bring actual documentation, which they do not have. 

 

Any Advice? 

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On 2/14/2019 at 7:25 AM, cv91915 said:

I am glad someone finally got around to covering that in this thread.

Yup; can't say we aren't thorough. I didn't see all the other responses at the time.

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On 2/14/2019 at 11:28 AM, swf said:

I live in Maryland. When they originally contacted me last year, I asked that they send me anything about this credit card, but they didn't. I need to see who opened the card, where were the purchases made, etc. But I cannot get any information from them. 

 

So, now that I cannot validate, what can I do to get this off my credit report? Sue them? I'm willing to go to court and force their hand. I figure, the only defense they will have is to bring actual documentation, which they do not have. 

 

Any Advice? 

They probably don't  have that material, and may not even have access to it. In all likelihood, they just bought a spreadsheet from a debt broker. (Yes, there really are such people.)

 

DV them, CMRRR.

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