FDCPA lawsuit under 1692e(8) for failing to mark any account as disputed
For many years, we have had a form dispute letter available on our website.
Basically, the dispute letter says “I dispute owing your company any debt. If you think I owe your company any debt, then send me proof. Don’t call my work because I can’t receive these calls at work. Don’t call my cell phone. If you think I gave permission, I’m revoking it.”
Why do we dispute this way?
You try to type in an account number, and you get a number wrong.
Instead of 1234, we put 1243.
This happens to all of us.
If this happens in the dispute letter, the debt collector claims they didn’t know which debt you were talking about because you used the wrong account number. So they just ignored it.
We state that we dispute any debt.
This means any debt.
Whether there’s one debt, five debts, or fifty debts.
We will have consumers who see this letter and send it out to some debt collector that has three accounts on them.
Then the collector will mark only one account as disputed, but not the others.
If they only mark one account as disputed, we sue them.
The collector says “Wait, you didn’t tell us which account you were disputing. You just sent one letter.”
Somehow, they try to claim they took “any debt“as meaning we were only disputing one debt.
What do they think the word “any” means?
It doesn’t matter how many debts there are. You are disputing all of them.
They try to say this is not what the word “any” means.
These debt collectors must struggle when going through the airport.
The TSA person always asks “Do you have any weapons?”
There is always a sign posted, “Any weapons are prohibited.”
So, you pull out a little pocket knife and surrender it, but you keep your gun on you.
Then you get arrested.
You say, “Well, they just said any weapon. I thought this just meant the one pocket knife. I didn’t know they also meant the gun.”
Of course, the judge would restate that “any” means all, whatever you have, no matter how many weapons you have.
The same thing is true of your dispute.
If you send a letter saying that you dispute any debt and the debt collector has a dozen debts on your report, they must mark all of these accounts a disputed.
When they fail to do this, we sue under 1692 e(8).
1692 e(8) says if a debt collector refuses to mark an account as disputed on your credit report when they know it is disputed, this violates the FDCPA.
These collectors should be held accountable when they break the law.
We hope this is helpful to you!
If you live in Alabama and you have any questions, feel free to get in touch with us.
We would be glad to help you in any way we can.
You can reach us by phone at 1-205-879-2447, or you can fill out a contact form and we will get in touch with you quickly.
Thanks for reading, and have a great day!