*Update*CAs using Credit Bureau in their company name

[TeeSharice]

I can NOT find the statute that prohibits....Help?

 

Ive searched thru the FDCPA to no avail...

 

 

 

 

 

filing today hopefully

[JoeDirtPharmD]

Why are you not in chat...?

[TeeSharice]

Why are you not in chat...?

 

on the way

[JoeDirtPharmD]

From another thread:

 

The use of the name "Credit Bureau" in their name is a violation of FDCPA section 807(16). See FTC opinion - Spinella, dated 2/21/90. It is fraud and misrepresenting their status. I wrote CBCS, informed them of this, cited "Spinella" and got deletion within one week of receipt of green card.

 

and...

 

Here is the FTC opinion letter.

 

 

February 21, 1990

 

 

Mr. Michael J. Spinella

Capital Credit Services Inc.

P.O. Box 955

New Castle, Delaware 19720

 

Dear Mr. Spinella:

 

Thank you for your letter containing a series of questions concerning the applicability of the Fair Debt Collection Practices Act ("Act") to the practices of Capitol Credit Services Inc.

 

You first ask whether a debt collector can request full payment in telephone conversations with debtors or in dunning letters, when in fact the collector knows that the agency will in fact accept partial payment.

 

A collector may in fact ask for full payment due. Deception arises when, in the course of collection, a debt collector represents to a consumer that the collector may only accept full payment when, in fact, partial payments are also accepted. For example, if a consumer suggests partial payment and the collector, knowing that the agency will accept partial payment, represents that the agency will accept only full payment, the collector will have violated Section 807 (10) of the Act.

 

You next ask whether the use of the name Capitol Credit Services, Inc. is a violation of Section 807 (16) of the Act. You state that Capitol Credit Services is a collection agency - not a credit bureau. Section 807 (16) of the Act prohibits a false representation or implication by a collection agency that a debt collector operates or is employed by a consumer reporting agency as defined in the Fair Credit Reporting Act. The FDCPA staff commentary also states that only a bona fide consumer reporting agency may use such terms as "Credit Bureau", "Credit Bureau Collection Agency", "Central Credit Control", "Credit Bureau Rating Inc." or "National Debtors Rating". The use of these names clearly suggest to the consumer that a consumer reporting agency (credit bureau) is contacting the consumer. In my judgment the use of the name Capitol Credit Services does not suggest to the consumer that your firm is a credit bureau. Therefore, use of the name is not a violation of Section 807 (16).

 

Finally, you ask whether a "pre-collection letter" sent by a business owned by you that is separate and apart from your collection agency violates Section 812 of the Act. You also state that you are furnishing a sample pre-collection letter. However, the sample was not enclosed. I am enclosing two informal staff opinions that address the use pre-collection letters vis-a-vis the Act.(1)

 

I trust these staff opinions will provide you with the necessary guidance.(2)

 

This is an informal staff opinion that represents the present enforcement position of the Commission's staff. As such, it is not binding upon the Commission.

 

Sincerely,

 

Roger J. Fitzpatrick

Attorney

Division of Credit Practices

[TeeSharice]

From another thread:

 

The use of the name "Credit Bureau" in their name is a violation of FDCPA section 807(16). See FTC opinion - Spinella, dated 2/21/90. It is fraud and misrepresenting their status. I wrote CBCS, informed them of this, cited "Spinella" and got deletion within one week of receipt of green card.

 

and...

 

Here is the FTC opinion letter.

 

 

February 21, 1990

 

 

Mr. Michael J. Spinella

Capital Credit Services Inc.

P.O. Box 955

New Castle, Delaware 19720

 

Dear Mr. Spinella:

 

Thank you for your letter containing a series of questions concerning the applicability of the Fair Debt Collection Practices Act ("Act") to the practices of Capitol Credit Services Inc.

 

You first ask whether a debt collector can request full payment in telephone conversations with debtors or in dunning letters, when in fact the collector knows that the agency will in fact accept partial payment.

 

A collector may in fact ask for full payment due. Deception arises when, in the course of collection, a debt collector represents to a consumer that the collector may only accept full payment when, in fact, partial payments are also accepted. For example, if a consumer suggests partial payment and the collector, knowing that the agency will accept partial payment, represents that the agency will accept only full payment, the collector will have violated Section 807 (10) of the Act.

 

You next ask whether the use of the name Capitol Credit Services, Inc. is a violation of Section 807 (16) of the Act. You state that Capitol Credit Services is a collection agency - not a credit bureau. Section 807 (16) of the Act prohibits a false representation or implication by a collection agency that a debt collector operates or is employed by a consumer reporting agency as defined in the Fair Credit Reporting Act. The FDCPA staff commentary also states that only a bona fide consumer reporting agency may use such terms as "Credit Bureau", "Credit Bureau Collection Agency", "Central Credit Control", "Credit Bureau Rating Inc." or "National Debtors Rating". The use of these names clearly suggest to the consumer that a consumer reporting agency (credit bureau) is contacting the consumer. In my judgment the use of the name Capitol Credit Services does not suggest to the consumer that your firm is a credit bureau. Therefore, use of the name is not a violation of Section 807 (16).

 

Finally, you ask whether a "pre-collection letter" sent by a business owned by you that is separate and apart from your collection agency violates Section 812 of the Act. You also state that you are furnishing a sample pre-collection letter. However, the sample was not enclosed. I am enclosing two informal staff opinions that address the use pre-collection letters vis-a-vis the Act.(1)

 

I trust these staff opinions will provide you with the necessary guidance.(2)

 

This is an informal staff opinion that represents the present enforcement position of the Commission's staff. As such, it is not binding upon the Commission.

 

Sincerely,

 

Roger J. Fitzpatrick

Attorney

Division of Credit Practices

 

 

Thank you babe...lifesaver as usual....now get your flowers in CHAT

[HiFidelity]

So, a CA with the name of "MyCity Credit Bureau" attempting to collect from me on a hospital or any other debt that is JUST a CA is a violation of the FDCPA? Wow, I have one of those.... And a friend of mine has about 12 :twisted:

[TeeSharice]

I called Mr Larry Ebert today from my cell....not sure how they got that number but that is how they initially contacted me.....He was in a meeting per "Dave"

 

anyway....."Dave" told me that Larry was in a meeting wouldnt be out for anoter hour...it was 10am....I told em that If I didnt hear from Larry by noon, Id be at the courthouse for lunch

 

Larry called back ( sounding a LOT like Dave) at 11:30.....I spewed off his FCRA & FDCPA violations including the fact that CBCS (Credit Bureau Collection Svcs) was in itself a violation...

 

He told me I was SOL cuz I hadnt validated within 30 days & that they are a multi-faceted company & since they dabble in being a CRA as well, they can use CBCS as a name. I told him he had never sent dun letter nor responded to my DV....He said I was lying about having a CRRR.....we went back & forth a few times until I said..."%%%% it, lets see what the judge says....See ya in court". He said FINE , Im ready.

Im stoked....I had to be at the courthouse today anyway.....this is a slamdunk as far as Im concerned....

 

I pull into parking lot of courthouse & my cell rings....."Ms TeeSharice, I just had someone research this account & you are right...we received your DV within 30 days, & we will promptly delete" I reply...Thanx for doing business Mr Ebert...How soon shall I expert a letter indicating so & how soon with ya notify the CRAs?? He says all will be initiated by close of business today...

[brn5150]

Was this for a power/utility bill?

[Caramel_Pinay]

anyway....."Dave" told me that Larry was in a meeting wouldnt be out for anoter hour...it was 10am....I told em that If I didnt hear from Larry by noon, Id be at the courthouse for lunch

 

Larry called back ( sounding a LOT like Dave

 

 

chicken shyte bastages....*Oooh, I cursed* :oops:

[TeeSharice]

Was this for a power/utility bill?

 

yes it was

[Cattleya]

Tee if i can ask - was the debt owed ie was it a paid TL or a reg collection TL?

 

My bro has these yahoos on his reports - he paid OH ED here (has a cancelled check in OH ED name that hasn't appeared to be transferred to CBCS) - just wondering i paid is the nail in his coffin that will keep it on his reports for a while....

 

Thanks and congrats on the delete!

[mom2five]

i swear you guys are geniuses. I have a medical collection from Fredericksburg Credit Bureau. I can't wait to get this deletion. It is going to be FUN

 

 

mom2five

 

ps: should I sue to get them to change their name. I know other people are probably thinking they are a credit bureau :twisted:

[traceyj]

I am confused, doesnt this letter state that the CA - Capital Credit Services is not in violation of Section 8207(16).

See the last sentence in the 4th paragraph in the letter to Spinella.

 

Someone please Clarify.

Thanks

 

Also, JoeDirtPharmD, do you have the letter you wrote to your collection agency that had CB in their name.

thanks

[flacorps]

I am confused, doesnt this letter state that the CA - Capital Credit Services is not in violation of Section 8207(16).

See the last sentence in the 4th paragraph in the letter to Spinella.

In the course of blessing one name, they put forward their thinking on what names would be cursed.

[traceyj]

i dont understand your reply.

[meridawn73]

I am excited on this one! So, how do you find out if a CA is also a CRA? I have these "collection accounts" on my CR and am curious as to whether there may be some deletes in my future? Any help is greatly appreciated!!

 

CBUSA SEARS

Credit Care

Credit Protection

Credit Bureau of Columbus

Physicians Credit Bureau

1st Federal Credit Control

Credit Managment

Credit Adjustments

 

What do you all think? TIA.

[Pam]

Re-read the entire FTC letter, especially the senteces just prior to them saying Capital Credit Services is an okay name.

 

Then consider that the CA that Tee was dealing with is called Credit Bureau Collection Services.

[Pam]

I am excited on this one!  So, how do you find out if a CA is also a CRA?  I have these "collection accounts" on my CR and am curious as to whether there may be some deletes in my future?  Any help is greatly appreciated!!

 

CBUSA SEARS

Credit Care

Credit Protection

Credit Bureau of Columbus

Physicians Credit Bureau

1st Federal Credit Control

Credit Managment

Credit Adjustments

 

What do you all think?  TIA.

 

CBUSA SEARS is CitiBank USA Sears division

 

Credit Bureau of Columbus, unless they are also a credit bureau, is a violation, as is sPhysicians Credit Bureau. The others just barely toe the line.

 

One way to find out is to call and request a copy of your credit report from them :twisted:

[meridawn73]

Pam...

 

Is your reply to me? I understand that Capital Credit would not be, but what about some of the ones I listed? Also, is CBCS the same thing (the address I have is Columbus, Ohio). How do I find out if a local Credit Bureau is also a CRA? Thanks.

[flacorps]

Credit Bureau of Columbus. If that' s not the local TU affiliate, I think there's a delete in your future.

[traceyj]

Does anyone have a letter that they sent using the FDCPA 806(16) as ammunition?

Can you paste it in a message.

Thanks.

I have the following

Allstate Credit Bureau

Credit Management

Midland Credit MAnagement

[meridawn73]

Ok, so I have the phone number for Physicians Credit Bureau, and am trying feverishly to get the number for Credit Bureau of Columbus. When I call, do I just ask for a report? And what if they verify they are a collection agency? I don't want to do or say anything that my ruin my chances for deletion. You people are AWESOME!! Thanks again!

[flacorps]

Don't chase CBC, looks like they are a bureau (not sure if they're EX or TU's affiliate).

 

http://columbus.bizjournals.com/columbus/s.../03/story4.html

[TeeSharice]

Don't chase CBC, looks like they are a bureau (not sure if they're EX or TU's affiliate).

http://columbus.bizjournals.com/columbus/s.../03/story4.html

 

 

In my earlier posts on the subject I mentioned that Mr Ebert said because his company operates as a CRA, he can use the words 'Credit Bureau' in the title of his company.....When I replied "not when you are acting in the capacity of a CA.....

He got awfully quiet and changed his tune.

 

 

as a CRA, they can but they need to use their D/B/A name when acting as a CA

[Pam]

Pam...

 

Is your reply to me? I understand that Capital Credit would not be, but what about some of the ones I listed? Also, is CBCS the same thing (the address I have is Columbus, Ohio). How do I find out if a local Credit Bureau is also a CRA? Thanks.

 

No, my first reply was to traceyj. My second reply was to you