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| | Tuesday, March 27, 2001 - 03:48 pm My summary of my Inovision experience and my $375 invoice to Inovision. via fax to Inovision at 18043601418@faxaway.com My FTC complaint is posted in the legal section at My FTC complaint about collection agency Inovision's FCRA violations On August 24, 2000 the FTC published: California Debt Collection Agency Settles FTC Charges Of Fair Credit Reporting Act Violations "The Federal Trade Commission today announced a proposed settlement with a California-based debt collection agency, Performance Capital Management, Inc. (PCM), under which the company would be fined $2 million and enjoined from what the FTC called "serious violations" of Section 623 of the Fair Credit Reporting Act (FCRA). ... In its complaint against PCM, the Commission alleges that PCM violated a number of requirements imposed by Section 623. First, the complaint alleges that PCM provided credit bureaus with inaccurate "delinquency dates" for its accounts. Section 623 defines the delinquency date for an account as the month and year that an account first became delinquent. This date is important because it is used by credit bureaus to measure the seven-year period that negative credit information may be reported under the FCRA. ..." To the BayHouse readers: Check for those DATES and OPEN accounts with CURRENT delinquencies! For the Classic Fair Isaac credit scores it does NOT matter whether a collection is paid or not. The DATES are all that counts. If you have ONE 5 year old collection, and NO other lates at all, the Inovision OPEN and DELINQUENT reporting will bring your scores down to the 500's. Not only did Inovision engage in the EXACT same extortion techniques as PCM, but they REFUSED to correct their reporting when I brought their FCRA violations to their attention. I spent over 5 hours faxing and explaining to them WHY they are violating the FCRA. It was like talking to a rock. It was just amazing to listen to their lines, and they sure have a line for everything, in typical collectors' fashion. The Inovision business practices are designed to make communications difficult. Last week Samantha asked me to fax the Power of Attorney and credit report documentation. When I called to discuss the faxes with a supervisor on Friday, they were all in a meeting. So I confirmed the receipt of my two separate faxes. I was assured an URGENT message would be left and I'd get a call. Nobody called. On Monday I called again, and was told that they noted the Power of Attorney in the computer, so they would now discuss the account with me. BUT, they threw away my faxes!!! They had NOTHING except for the PoA notation in the computer. So I went to fax again. Their fax rang and rang numerous times until the phone company disconnected. When I called again, they told me their fax was receiving. Strange phone system. After I finally got the faxes through, I spoke with Kimberly Cross, supervisor. Ms. Cross loves to tell stories .... how they are NOT a collection agency, how they can continue to report the account as open because they "took it over" from the previous creditor ... bla bla bla bla .... I finally just told her that I'd file the complaint with the FTC. Her response was that they had NEVER had a complaint! And, she said she would have someone else review my fax, MAYBE Equifax was reported incorrectly after all. They would get back to me ... Yeah right. Nobody got back to me. WHY should my clients pay for Inovision's FCRA violations and incompetence? I can't think of a reason. I think Inovision needs to pay up: Total due now: 5 hours @ $75 Total: $375. Please send you check or money order to: BayHouse LLC Christine Baker 989 So. Main Street A-150 Cottonwood, AZ 86326 If I don't have your check by April 10, 2001, I might just file law suit #5 since 11/2000. And I certainly hope that anyone who suffered damages due to Inovision's INCORRECT reporting will sue them.
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| | Wednesday, March 28, 2001 - 02:03 am So if I can just transfer some of what i learned--on the credit report it will tell the termination of the 7 year period. The SOL in my state is 5 years from last payment from what I have read. If the credit co reaged an account without cash being paid it doesn't "reage" the SOL, it still starts with the first date the account went bad. Or so a good lawyer might argue. I'm just trying to get this clear as I help a friend get thru the SOL and not have to bomb his life with a ch7. I would suggest adding to any fax that you send to have in bold type :"date and time stamped, notification of delivery retained by sender". I've found that it works incredibly well.
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| | Wednesday, March 28, 2001 - 09:52 am Senator, I'll add a notation to my fax indicating that I get delivery confirmation such as: Date: Tue, 27 Mar 2001 18:05:07 +0100 -0800 From: faxaway@faxaway.com Subject: CONFIRM: My Invoice to Invision - another collection agency violating To: admi.@bayhouse.com Hello from Faxaway, the world's easiest E-Mail to Fax service! CONFIRMATION OF YOUR FAX TRANSMISSION FAX STATUS: SUCCESSFUL TO 18043601418 COUNTRY: 1-NORTH AMERICA TRANSMISSION: 28-Mar-2001 02:04:12 GMT. DURATION: 3.1 Minute TOTAL COST: $0.34 YOUR FAXAWAY ACCOUNT BALANCE: $3.58 Thanks for the tip! Now, regarding the SOL and the 7 year credit reporting limit, have you read that FTC page about PCM? http://www.ftc.gov/opa/2000/08/performance.htm In addition to the FTC's opinions, there is the sad reality that they rarely do anything about these FCRA violations. AND, according to postings here some collection agencies even make up FAKE cash payments to restart the SOL. Not all credit reports state when the account will drop off. The Experian reports usually indicates when an account or derog will drop off, and I've seen "This account is scheduled to continue on record until 1/2001" reported in 3/2001. Go figure! Error checking doesn't exist in the credit reporting business. There is the law, and there is reality. And if you don't have the money for a lawyer to enforce the law, you're out of luck.
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