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Sprint/ Source RM Collection

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I have a Sprint collection  with a hefty amount that is reporting with Source RM, the only collection on my file. Dofd is 12/2018. It was originally passed to Convergance, and most recently Source RM. I DV'd Source RM and received bills and a contract for a financed phone. Is this sufficient validation? Also, should I just leave this alone until the sol passes and then work to get it removed? Also how will the merger with T-Mobile affect my ability to get this removed?

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Validation is a low threshold. Name of the creditor and the amount suffices. Expiration of the SOL has nothing to do with reporting; 2 different statutes. Mergers do not change federal law. You need a valid reason to get something removed........ "I don't like this" doesn't cut it. I believe the SOL for phones is 2 years under federal law. If they get aggressive, put them into arbitration.

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Posted (edited)
2 hours ago, legaleagle2012 said:

Validation is a low threshold. Name of the creditor and the amount suffices. Expiration of the SOL has nothing to do with reporting; 2 different statutes. Mergers do not change federal law. You need a valid reason to get something removed........ "I don't like this" doesn't cut it. I believe the SOL for phones is 2 years under federal law. If they get aggressive, put them into arbitration.

You’re referring to 47 USC § 415.  It could depend on where a consumer is located.  The 5th Circuit Court of Appeals ruled that the federal statute does not preempt state statutes of limitations for that type of debt.

 

We conclude that § 415(a) does not apply to the plaintiffs' debts, because Congress has not made clear that it intended for § 415(a) to preempt state statutes of limitations with respect to actions to collect debts like those at issue here. "[T]he purpose of Congress is the ultimate touchstone in every pre-emption case." Castro v. Collecto Inc., 634 F.3d 779, 785 (5th Cir. 2011).  Congress has not indicated a "clear and manifest purpose," for § 415(a) to preempt state statutes of limitations governing actions under state law to recover non-tariffed charges.  Id at 787.

Edited by Bluesie58

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In that case, arb would be his best option. Sprint pays off like a broken ATM machine. Might help if he posted his state of residence and make it clear if this was sold to a JDB or not.

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18 hours ago, legaleagle2012 said:

In that case, arb would be his best option. Sprint pays off like a broken ATM machine. Might help if he posted his state of residence and make it clear if this was sold to a JDB or not.

State of residence is GA. And I'm assuming it was not sold off yet, because I'm still able to log into the old account and make a payment 

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