FDCPA Violations: False Credit Reporting By Debt Collectors
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- เผยแพร่เมื่อ 21 ก.ค. 2024
- Its one thing if a debt collector calls or writes - but when they pop up on your credit report, this can have serious implications. False credit reporting can keep you from getting a house or a job or a security clearance.
So what do we do when facing false credit reporting.
We use the FDCPA (Fair Debt Collection Practices Act) and we can use the FCRA (Fair Credit Reporting Act) as well.
Find out the details in this video and thanks for watching!
John
John G. Watts
Watts & Herring, LLC
Representing consumers across Alabama
205-879-2447
www.alabamaconsumer.com/
"No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers." Our free weekly webinar is here -- my.demio.com/ref/ZHxa8NhYRNAp... -- on Thursday we'll be talking about some of the new FDCPA rules. Join us if you can!
"No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers."
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First off thank you for taking the time to educate the public with these videos! Secondly, I had a lawyer tell me that there are too many derogatory marks on my credit report to take my case even though most of them are things that I have disputed (there are 7 or 8 accounts which include ridiculous addition and erroneous late payments on my student loans as well as a completely false, duplicate account of $11,383 (so it's on there twice for $22,766) from an eviction I had. This has caused so many issues for me including being homeless after the divorce as well as losing custody of my children bc I had no home to bring them to and I couldn't get a job bc of homelessness. These were such negligent reports bc they have kept everything after many disputes and a complaint on the cfpb website. Is that lawyer correct that I have no case and should file bankruptcy (without knowing any other details and strictly on the little summary I've given you)? Lastly is there a period of time that I can sue the credit reporting agencies or does that time run out? I would be so happy if you actually answer bc I have never gotten an answer on these things, ever. and sorry it's so long
!
Most FCRA lawyers only want folks with near-perfect or perfect credit who have an identity theft account or someone else's account on their report (mixed/merged file).
Sometimes this is based on the law where they practice but normally it is based on -- in my view -- not fully understanding how to argue damages correctly.
Check with some other lawyers in your state -- Here is a link to help you find a consumer lawyer www.consumeradvocates.org/find-an-attorney in your state and also here is a video going over how to use the website th-cam.com/video/UNXO7qheGAc/w-d-xo.html.
Basically, you have 2 years to sue from the violation (a bit longer if you didn't know about the violation). It can get complicated and you'll want to sit down with a lawyer who does this work.
I would check out my options to sue before filing bankruptcy as if you can kill the debt and get money, why file bankruptcy?
Thanks!
John
Thank you so much John. Great interpretation of FDCPA’s legal jargon. God bless:)
You are very welcome!
@@johngwatts can the original creditor continually report payment activity on a closed account? would this not be a violation of fdcpa or fcra?
So the FDCPA violations only apply to debt collectors and not the original creditors?
Correct. Some states have versions of the FDCPA that apply to original creditors such as Florida, CA, Texas, etc.
Wow amazing content.
thanks!
Verizon claims I owe a debt. I’ve disputed with them and the CRAs directly. Have never even gotten validation of debt . Credit report listed account status as “36 charge-offs”. ..Never even heard of such a thing!! It has since been removed, but unfortunately not before adversely affecting my credit and causing multiple denials. Is this a violation and can I sue?
What is verification and how is it different than validation? Thank you!
what are the conditions pre charge-off that makes the installment loan accout go into charge-off? ... and/or ... what should happen pre-charge-off to make the account go to charge-off? Is it /30 /60 /90 /120 days late or less or more?
One of my credit card debt was only a 500 credit limit..but the debt collector is wanting $1052.. can a debt collector charge more than 2x of what my credit limit was for?... Also... A 3rd debt collector on the same debt had reported that it's a "new debt". But it's not.. it's the same debt but just bought by another debt collection agency..it's an old debt from 3 yrs ago. How can they say it's a " new collection"?
Linda,
It is possible but you need to look at it closely.
It could be that we went over the limit, had a bunch of fees added by the creditor and when it went to the collector it was $1052.
I would consider sending a letter to collector saying you dispute it and want a breakdown of how it got to 1052 with a credit limit of 500.
You could also send same letter to the credit card company.
On the "new collection" -- if the debt buyer is recently started reporting, it can pop up as a new collection. If you look at the date when the account will come off of your report, subtract 7 years and that will tell you when you defaulted (usually 6 months of non payment).
See if that date is right.
Occasionally we find "re-aging" (used to see it a bunch). This is where a collector knows the account will fall off report in 7 years and it is already 5 years into it. So the change the age -- re-age -- so that it looks like it is newer and will stay on longer.
I would send a dispute letter requesting proof and asking any specific questions you have such as you raised here.
Key to dispute letters (whether within 30 day validation time period or not) is to dispute in general and also put any specific concerns.
Then request proof .
Hope that helps and you get some answers ASAP!
John
What type of lawyer do I need to go after a creditor for falsifying info on my credit report 🤔 plz reply
Well i have a case for you because I have a colection in my credit file from Credit National Adjuster and Experian reporting a false address in wich i never live and the second violation was when i send a validatio And Credit National Adjuster never send me such validation and Experian just Report such Colection without any prior notice from the Credit National Adjuster and just appear on my credit file
Can you make a video about 15 USC 1681a (d)(2)(A)(i)-(iii) it confuses me bc essentially it means they can’t report anything?
Another great video John as u know I am going through this I’ll have my bankruptcy discharge 8/28! Love this series I’d love to chat by phone ☎️ for a concern I don’t want to put here
Thanks! Definitely let me know when you get your discharge.
I've been buried in a federal court case the past few days -- let me come up for air and we can schedule a call. Email me and we can find a good time ASAP for both of us.
Thanks!
John
Hi John thanks for your help with these videos
I was being sued by portfolio recovery
I got a legal aid attorney
Who won against the lawsuits
I disputed the information at the credit reporting agency’s
The derogatory information was removed by everyone except equifax
It seems they just asked portfolio if the debt was valid and they lied
I have the court documents judgement in my favor do I need to sue to get this removed
Mark -- congrats on winning!
Sounds like you did it perfectly -- win and then dispute through the credit reporting agencies. Equifax has kept it -- that is not surprising.
I would sure be looking at suing Equifax and Portfolio Recovery. Objective is a deletion and money damages to you.
If you want, shoot me your documents at john [at] wattsherring.com and I'll be glad to go over some options with you. Or you can contact me through my website -- www.alabamaconsumer.com/contact-us/
Thanks!
John
In my credit report they posted on November 3 that dispute by consumer meets FCRA requirements than in on December 4 they filed a lawsuit can they do that?
Yes -- credit reporting and suing are two different things.
BUT if you requested validation under Section 1692g of the FDCPA and they did not provide it, they can't collect (including suing). You do have to make the request within the 30 day window provided by 1692g.
Hi John,
I have two scenarios below that may or may not be solid grounds to sue debt collectors under FDCPA 15 USC 1692g Sec. 807 (a) false representation
- debt is paid in full in 2019 but account status shows derogatory 2021
- debt is paid in full in 2019 but payment history bar shows (Green OK on identity IQ) that consumer is still actively making payments in 2021
What are your thoughts on this? Thank-you!!
Victor:
1. I would pull full official reports from www.annualcreditreport.com/index.action -- ID IQ is decent but it is not our real reports. We really can't sue unless have the real reports. See if any of the credit reporting agencies are showing activity AFTER the paid in full in 2019.
2. Similar to above -- let's see what the payment history shows on the actual reports.
3. I'm assuming this is a debt collector NOT the original creditor?
I would print/save to PDF.
I'm happy to help you look through them when you have your full reports -- just reach out to www.alabamaconsumer.com/contact-us/ and I'll email you back thanks!
John
If you settle a debt and pay in full the settled amount, and later the collector or original creditor tries to collect the unpaid (forgiven) amount, what then? I asked for a receipt that stated paid in full and was denied. Got a receipt for what I paid, but no notice it was payment in full. I am concerned about this showing as re-aged. Thanks.
Were you told verbally that the amount was settled? For example, you owed $800 and they told you they would settle for $500? So you paid the $500.
If anyone comes after you for the balance, then you look at suing. So if you get letters, calls, credit reporting, etc. get with a consumer lawyer ASAP to see your rights.
Best wishes!
John
PS -- most companies are not foolish enough to try to collect after a settlement so most likely you will have no problems. But if you do, you will have an interesting possibility of a lawsuit against whoever is trying to cheat you.
@@johngwatts - John, you are totally awesome! I wish there were more like you - especially in NC! Yes, that is the case. Last week, I was told when I paid it (unrecorded on my end, unfortunately) that the settlement was payment in full. I paid it using an account that is seldom used and not funded except on an as needed basis - in case they try to access more funds than authorized. I have not heard anything else thus far, but because I got the thinking about the "what if" factor, I thought to ask you about it. Since this was a collection, should I expect a 1099C(?) on the unpaid balance, even if I was not advised of it? (I guess I might need to be prepared.) Again, THANK YOU!!
Hello great info how can't get a copy of these laws don't can read and go over them
Try one of these -- www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text or www.law.cornell.edu/uscode/text/15/1692.
Same law -- the second one is the more common numbering system.
Best wishes!
John
Thank you
if You Paid Your Car For 2 Years And They Havent Reported To The Credit Bureaus And When You Stop Paying They And They Report Can You Sue Them
Can only sue someone for false credit reporting. A company can choose to NOT report and that's fine. And then they can change their mind and report.
The question is always: Is this reporting (all the details) accurate or incorrect?
If incorrect then dispute or if a collector you may can sue under FDCPA 1692e(8).
Thanks for question!
John
I disputed through the reporting agency, and after waiting 2.5 months later, they responded and said they had an issue and haven’t been able to dispute my request??!
Not only that, this negative account that is false and incorrect is in the -100,000 range and affecting everything I try to do. It says closed (2013) but continues to update and accrue
I'm not sure what has happened -- that's not the normal response.
If you want to reach out to me I'm happy to take a look at what you sent and what response you received from the credit reporting agency.
You can email me at john [at] wattsherring.com or call us at 205-879-2447 and ask for Randi -- tell her we connected on youtube.
Best wishes
John
Understand your frustration -- be glad to take a look at this.
Is the bank A debt collector?
🔥🔥🔥
You should do old landlords that you haven’t lived on their property for over year. Falling reporting you owe them money.
I have proof that they have been doing this for around 20 years. Again, plz reply. 😁