5 things to prove 1692e(8) violation of FDCPA by a debt collector



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Section 1692e(8) of the FDCPA (Fair Debt Collection Practices Act) is a powerful law that lets you sue when a debt collector knows you dispute a debt but it refuses to mark the account as disputed….

Watch this short video to find out the 5 things you must prove to bring a case.

Thanks!

John

John G. Watts
Watts & Herring, LLC
Representing consumers across Alabama
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12 Responses

  1. Megen ZYIA says:

    Hi John! Thank you for this video! I requested verification from a paid collection, they sent me the original contact (damages from a lease move out) and there are a few dates and Signatures missing from the original contract. I asked them to send me receipt of when the dept was paid, and I asked for a list of other pieces of information to validate the account belonged to me because they are still reporting it. They said because the collection is paid the “office is considering it closed”. I filed a dispute with the CFPB, is this considered disputing the account or do I have to dispute it directly with the creditor?

  2. audrey may says:

    Hi John
    Great information. Thanks for creating this video.

  3. Ms K says:

    What if my debt collector did not update my credit report at all?
    Example:
    AMFCU 1/4/2016
    $4000.00 Charter off

    Comments:

    However I have proof that I requested validation of debt in writing, proof of certified mail, copy of all 3 credit reports showing date of report, with no updated date and /or comments.

    Do I have case?

    Thank you in advance for your attention and absolutely appreciate your videos.

  4. BBZ Entertainment says:

    what happens most of the time? can you give a ballpark percentage on how often they fail to do this? Thank you. I love your content

  5. Cedric Carr says:

    Do we have to use the word disputed in the letter. If I say, "I disagree with the information" would that work? Since Dispute basically means a disagreement, argument, or debate

  6. Mr Mark Taylor says:

    I have a question; if the report I pull from annual credit report.com is the “real” report, then what good is the reports I pay for from the credit monitoring services like smart credit or identity force? Is that information not accurate enough to stand up in court?

  7. Sharon Denning says:

    When you dispute something with an original creditor do you have to include all of the things to verify you are who you are like you have to do with 3 bureaus?

  8. Courts_Coins says:

    Hi John, do we wait until they update the account again to be able to sue? I recently sent you an issue related to this video and it was updated after the dispute was received. Should I wait and see if the account is updated in April?

  9. RAAL ISRAEL says:

    I love your videos they have helped me out so much but clearly you are too busy to return phone calls.

  10. RetiredIntelGuy says:

    I got a letter in the mail this week regarding a pending class action against TU for refusing to investigate unauthorized inquiries. Have you heard anything about this?

  11. syz says:

    What if the debt collector refuses to accept certified mail and returned receipt says undeliverable? There are some people who simply don't accept certified mail because they know the legal implications. So, if they don't accept you can't prove it has been delivered.

  12. MsJayski says:

    Hi do you take phone calls on this issue?

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