I received a letter and phone calls from a collection agency. This collection agency at that time had not already reported to a credit bureau. I send them a debt validation letter CMRRR. I stop receiving phone calls, so I know they read my letter at least. However, I notice that the item is now added to my credit report. It is also not listed as disputed. Can I and should I sue them for any FDCPA violations. Otherwise, what should I do. I did however receive a couple of statements in the mail from the original creditor, but nothing from the Collection agency except for negative credit reporting.
What should I do? So far I have sent the CRA's a letter informing them that they are reporting an debt that hasn't been validated.
Technically, I don't believe the judgment has to be validated by you before it can be placed on your credit report. Even though you may receive the standard FDCPA language from the creditor stating, "you have 30 days to respond ..." that does not mean the creditor or collection agency has to wait 30 days to report the debt or even to sue for that matter. If you believe the debt is not valid, you need to dispute it directly with your credit reporting agencies. They will be required to independently verify the debt. In terms of your rights under the FDCPA, it will depend upon the validity of the underlying debt. If there is none, then I would assume you may have an independent cause of action. Dispute it first, try your FDCPA claims second.
Noah Paul Fardo, Esq.
Do you really dispute the debt? If you do, did your validation request state that you disputed the debt, or just that you were requesting validation. It is true that the FDCPA requires them to report a debt as disputed if you have informed them that you dispute the debt. If your initial letter wasn't clearly a dispute, you should send another letter making it clear that you do dispute the debt, and explaining exactly why. As far as whether you can sue or not, I recommend contacting an attorney in your state who specializes in consumer law to discuss all of the facts in more detail. A good place for finding such an attorney is the National Association of Consumer Attorneys' web site: naca.net.
If you disputed the validity of the debt, then ALL collection efforts must cease until the debt collector provides the required validation to you. See FDCPA, 15 USC 1692g. It appears that there is a probable violation of the FDCPA.
And to answer your question, I think you should sue them under the FDCPA. My rule is to never miss an opportunity to sue a debt collector. Good luck to you.