Verbal Disputes and Credit Reports

17 Oct Verbal Disputes and Credit Reports

Here in Massachusetts (and other states in the First Federal Judicial Circuit) once a consumer makes a verbal dispute to a debt collector, that debt collector can not report the debt to a credit reporting agency without communicating that a debt is disputed. This is because the First Circuit recognize that the Fair Debt Collection Practices Act did not impose a writing requirement for disputes for purposes of credit reporting. See Brady v. The Credit Recovery Co., Inc., 160 F.3d 64, 66-67 (1st Cir.1998). The import of this is that if you dispute a debt verbally to a debt collector and the debt is reported to a credit reporting agency by the debt collector, there should be a notation on your credit report that the debt is disputed. However, it is always best to make all disputes in writing to prevent a debt collector from denying that you made the dispute.

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