[cracrap]

thats a new one for me..suing collection agency under fcra
opposing council says that their client did not mark personal file as being disputed because i did not have a bonafide dispute?
they also claim bonafide error even though they verified 6 consecutive times the wrong information
..they also listed a commercial debt belonging to a corporation under my personal file and are claiming theyre exempt from any fdcpa claims because its not consumer debt..
even though its not personal debt, isnt the fact that they list it under a personal file make them subject to the fdcpa?
otherwise any collection agency could make up bs throw it on ur personal report and claim its a business debt and their would be no recourse because they're claiming the nonhousehold purpose debt exemption..

[E. Normis Debtor]

The fact that it's listed on your CBR cannot convert a business debt to a consumer debt.

There is an anomalous holding in Moore v. Principle Credit that provides support, but that's weak at best. Other districts considering Moore, including several appeals, disregard it and consider it bad law.

[Enigma]

Was their a personal guarantee given?

[Pale Rider]

FCRA 623 (a) (3)

(3) Duty to provide notice of dispute. If the completeness or accuracy of any information
furnished by any person to any consumer reporting agency is disputed to such
person by a consumer, the person may not furnish the information to any consumer
reporting agency without notice that such information is disputed by the consumer.

No mention of "bona fide" dispute there. They also have the same obligation under FDCPA.

----------------

Black's Law Dictionary

bona fide - 1 Made in good faith; without fraud or deceit 2 Sincere; genuine

----------------

see also
FCRA Staff Opinion: Lamb-Harvey

[cracrap]

Originally Posted by Enigma

Was their a personal guarantee given?

nope, the collectin agency picked up a civil suit judgement awarded to a private person and then listed it as being awarded to another business rather than being awarded to the private individual...the ca is claiming that since the judgement was awarded against the corporation, their not bound by the fdcpa even though they list it on my personal report

[cracrap]

suit had nothin to do with credit...they also pulled my cr 2 days in a row which i included in the suit as non pp ...they claim its permissible

[cracrap]

Originally Posted by Pale Rider

FCRA 623 (a) (3)

(3) Duty to provide notice of dispute. If the completeness or accuracy of any information
furnished by any person to any consumer reporting agency is disputed to such
person by a consumer, the person may not furnish the information to any consumer
reporting agency without notice that such information is disputed by the consumer.

No mention of "bona fide" dispute there. They also have the same obligation under FDCPA.

----------------

Black's Law Dictionary

bona fide - 1 Made in good faith; without fraud or deceit 2 Sincere; genuine

----------------

see also
FCRA Staff Opinion: Lamb-Harvey

just read the opinion, nice job..thanx