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amounts while others report all collections. For a discussion about inconsistent reporting and other issues that arise when collectors report to credit bureaus, see the Federal Reserve Board Study, Credit Report Accuracy and Access to Credit, www .federalreserve .gov/pubs/bul- letin/2004/summer04_credit .pdf.
If you dispute a debt with a creditor or a collector, any notation on your credit report should also state that you dispute the debt.
Am I liable for the debt if I don’t dispute it in 30 days? If the matter ends up in court, failure to file a dispute cannot be held against you. The FDCPA (§1692g(c)) says failure to file a dispute does not allow a court to assume you admit liability for the debt. However, being able to establish that you did comply with all statutory requirements may greatly enhance your chances of success. Your goal is to establish the facts and convince the judge or others who decide the matter that you are credible and deserve to have the law applied with its full effect on your behalf.
May I sue a collection agency? Yes. The FDCPA allows individuals and class action plaintiffs to sue in federal or state court within a year of the violation. Under the FDCPA, if you win, you may recover actual damages plus up to $1,000. Attorney fees and court costs may also be recovered. Members of a class action may recover actual damages plus a total of $500,000 or one percent of the net worth of the debt col- lector.
There are many private practice attorneys who specialize in assisting consumers who have experienced violations of state and federal debt collection laws. The web site of the National Association of Consumer Advocates, www .naca .net, provides a directory of member attorneys. The search process enables you to find attorneys near you and to spec- ify those with debt collection experience, www .naca .net/db .php3.
May I tape record calls from the collector? If the collector is verbally abusive when phoning you or engages in other practices in apparent
Fair Debt Collection Practices Act