Postscript

[dcatz]

What is the name of your state (only U.S. law)? N/A

In what is to me a disappointing event ironically coincidental to a recent discussion of the practice of Pay-To-Delete credit data in this forum, today the FTC announced settlement of a FCRA case against check authorization firm TeleCheck Inc. and its affiliated collection agency, TRS Collection Services, Inc, for $3.5M. The settlement amount matches a settlement made last year with Certegy Check Collection Services, Inc. with similar allegations.

PTD was not an issue is either case. The functional opposite was. Among the allegations made against TRS Collection Services and, in fact, both sets of defendant entities is that they violated the FTCs Furnisher Rule, which requires entities furnishing data to CRAs to ensure the accuracy and integrity of the data provided (FCRA §660.3).

These entities are demonstrably not junk debt buyers and I personally believe that both provide a beneficial service. The FTC did not allege that, in essence, they went the wrong way on a “risk vs. reward “ decision and willfully engaged in PTD. In broad, general terms, the allegations amounted to a contention that they did not do enough to ensure the accuracy and integrity of their information for both the users of their data and the parties affected thereby. In this regard, they ceased to be "good-actors" in the highest sense. My disappointment is a function of personal familiarity with both firms and a prior belief that they would not be subject to such dereliction from lawful responsibility, either willfully or negligently. They were and rightfully paid or will pay.

 

[quincy]

Thank you for providing the information, dcatz.

 

[Jeran]

The Fair Debt Collection Practices Act, the Telephone Consumer Protection Act, the Fair Credit Reporting Act, and state statute of limitation laws. Do you think that debtors coming here for help might also be interested in some of these laws, too?

 

[quincy]

The Fair Debt Collection Practices Act, the Telephone Consumer Protection Act, the Fair Credit Reporting Act, and state statute of limitation laws. Do you think that debtors coming here for help might also be interested in some of these laws, too?

.

And, if you click on the following link, you can find CFPB-published letters for use by consumers facing debt collection actions: http://www.insidearm.com/cfpb-resources/

The website is a great resource for those interested in learning about the laws that govern debt collectors and it provides important case law.

 

[TigerD]

As a long time member at Inside ARM, I can tell you it is not merely a debt collector site and forum. There are quite a few consumer activists and consumer attorneys that participate. Perhaps, what you don't like is that most everybody there is knowledgeable about the industry and doesn't fall for your ... ermm, story.

DC

PS: In fairness, I haven't posted there or participated in quite a while due to other pressing concerns.

 

[dcatz]

Jeran – I tried to respond to all three of the questions you posed to me yesterday. Even the rhetorical question. I did so when I saw them and did it at length. The responses included the information now provided by quincy and DC in this thread, plus I gave you a Google link to an FTC press release to the same effect, so that your ability to “educate” would not be compromised or tainted. By the time I tried to post, your questions were gone or the threads locked. I don’t live on FA and I don’t have time to play your games. I went to your profile to see if PM was open. I saw the “judgment proof debtor”. Spent the rest of the night laughing hard! You bought your way out. You’ve never been tested and it shows. Taking pride in the ignominy of inattention by all but a junk debt buyer is, to me, like taking pride in being rejected as a possible tenant risk by a slum lord. I give respect until it’s proven not to be warranted, and you (and your buddy) just don’t bring anything to the table. (Never thought Chein and I could miss Gulf Breeze.) For me, it's "Say good night, Gracie".