Quick question about FTC complaint.
Just wanted to let you all know that I sent a letter off (4th letter in the validation process) to Equidata asking for removal because what they provided was not validation and in Texas they have to provide the validation in 30 days, they did not, and it took them 37 days (only after I told them it had been 30 days). While the account was in dispute they reported to my wifes credit report and attempted to collect. I made them aware in my 4th letter that they have violated the FDCPA and that they need to cease all collection attempts and remove her from their system and clear up any entries from her credit report do to failure of validation and violations to the FDCPA. They were given 10 days to comply, I heard nothing.
So last night I filed a complaint with the FTC and the Texas AG, I have a copy of the AG complaint to send, but I can't obtain one from the FTC, I have a reference number, but that is it. Is there a way of obtaining a copy of this letter, or will the FTC send a copy to them directly?
I will be sending a 5th letter, saying remove the entry and cease all collection attempts or I will file in small claims. Along with the letter will be my complaints. Is there anything else I need to do?
Thanks!
what kind of debt is this?
if you file in small claims it will be on texas law which is good for you.
FTC has never helped me, but the AG has.
the debt is a charge off from suddenlink (cable bill). I opened a complaint with the Texas AG, the collector is in Virginia, should I also do a complaint with the Virginia AG?
no not the VA AG. IS there a State or County cable authority?
I tried looking it up and was unable to find any person(s) that has the title cable authority. How would I find out if there is one?
Hey cinnamngrl, I wanted to show you the letter I will be sending off tomorrow (15 day mark) demanding removal, do you find it to be a good letter?
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06/28/2010
Equidata
P.O. Box 6610
Newport News, VA
RE:
Rebecca Nelson
Account #:
Due to the actions you have taken and the negligence of the situation I have been forced to file a complaint with the Federal Trade Commission and with the State of Texas Attorney General.
I have given you a sufficient amount of time and have yet to receive proper validation. You have lied about when you received my letter asking validation and because of this I am no longer going to sit by and allow these illegal actions to take place. You have now received (including this letter) 5 total letters, each of which have been sent certified with return receipt. Your first response was to seek more information, I gladly accepted this response and sent the information, your second response, was not a response at all, it was an attempt to collect the debt, this was done twice, a direct violation to the FDCPA. After 33 days I sent a letter asking why I have not received validation and why you have attempted to collect, you responded by lieing about when the dispute was opened and lieing about the validation, the information you have provided was not from the original creditor and is frivolous. I sent you a fourth letter demanding proper validation or removal, if neither were done, a complaint would be filed with the Federal Trade Commission, Texas Attorney General, and the Better Business Bureau. I will not be filing a complaint with the Better Business Bureau unless you fail to comply to this letter.
I have attached a copy of the complaint filed to the State of Texas Attorney General and also the reference number to which you can obtain the complaint to the Federal Trade Commission.
Federal Trade Commission Complaint Reference #: 26850356
This is a final warning, You have violated the FDCPA in two ways (attempt collection while I was seeking validation, and reporting to the credit bureaus while I was seeking validation). You have also broke Texas State Law, after 30 days of not being able to validate the debt, it is no longer legitimate and you can no longer collect and report this debt, it must be removed from my credit file and from your archives. I will be giving you another 15 calendar days to remove this item from any of the credit reporting agencies you have reported to and also send a letter stating that it will be removed. You will also remove any records of me (Rebecca Nelson) from your archives, and cease all collection attempts. If the information is not removed within the 15 days I will have no choice but to file a lawsuit.
Sincerely,
Rebecca Nelson
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What do you think?