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Fast Fact: Pursuant to the Fair Credit Reporting Act, it is unlawful for a credit bureau to willfully and negligently furnish inaccurate information if the credit bureau has knowledge of its inaccuracy and/or is unable to verify it.

You should dispute a debt in writing if you feel as if the dollar amount being requested is inaccurate, if you feel the debt is not owed at all, or if you feel the debt is fraudulent.

If your alleged Gap account is with a collection agency, you can send a letter to that collection agency within thirty days of first being notified of the collection. You should send such a letter via certified mail so that you can prove that they received it. In response to your dispute, the collection agency must cease collection activity until they send you some sort of validation or proof of the alleged debt. They can resume their collection efforts again once they produce proof of your debt.

The Fair Debt Collection Practices Act (“FDCPA”) regulates what debt collection agencies may and may not do. Collection agencies may not:

  • use abusive or obscene language;
  • call before 8am or after 9pm;
  • call you at work, if they know that your employer does not permit personal calls;
  • contact any third party and state that you owe a debt.

    The Fair Credit Reporting Act (“FCRA”) regulates the credit bureaus’ responsibilities as to your credit report. There are many things credit bureaus are required to do as it pertains to their credit reporting. Credit Bureaus must:

  • report accurately;
  • conduct a reasonable investigation of any dispute you make with them as to inaccurate credit reporting;
  • clearly mark any trade line disputed by you as disputed by the consumer.

    Your best option is to consult with a consumer protection attorney if you believe your rights are being violated.


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