AFNI validated. Should this be my next step?

[tipofthespork]

Ok so I DV'd AFNI regarding a collection for $192.00. They finally responded with a statement from Verizon (FIOS). I'm assuming that when i moved i never got the last bill from them and therefore didn't pay it. It's odd because I had all mail forwarded to my new address for 1 year so I SHOULD have received it but didn't.

So here's my question. Do you think they would go for a PFD? The debt is valid, it is within SOL, but they never sent initial notice to me. The collection began reporting 2/2010 and the first letter they sent to me was the DV response. Would this be considered a violation of FDCPA 809?

I know that reporting on a credit report is considered collection activity but section 809 says that within 5 days of initial communication. Would reporting be considered communication?

Basically I want to write a letter stating that AFNI is in violation of FDCPA 809 and state the possible punishment for this. Then explain that I will pay the debt and disregard thier violation if they agree to delete from all 3 credit reports immediately. What are my chances?

[JohnPTEX]

AFNI is generally pretty approachable regarding a PFD, especially when you argue that notice was never given - I will say though that if you did not provide the OC with your forwarding address then I believe notice at the address they have on file is proper regardless if you received it or not (I think that is correct, but someone jump in if not)

[tipofthespork]

Well hopefully they will accept my PFD for full amount offer. It's my only collection/charge off within the last 3 years. I wanna say I updated my address with the OC but it's been so long I don't remember

[RobertEG]

Yes, failure to send dunning notice within 5 days of initial communication with a consumer is a violation of FDCPA 809(a), and reporting their collection activity to a CRA is considered as an act that triggers the requirement for dunning notice.

However, the sanction provided under the FDCPA is administrative complaint to the FTC, who does not take civil action on individual consumer complaints, or the bringing of your own civil action, with possible award of monetary damages. 

Neither the FDCPA nor the FCRA mandate any deletion of credit reporting based on violation of dunning notice requirement. 

What "punishment" do you intend asserting, and who will bring punishment? 

[tipofthespork]

I was under the assumption that a violation of the fdcpa was a $1,000 fine if I were to bring legal action. Punishment was probably a poor choice of words.

[RobertEG]

Sure, you can threaten to bring legal action for statutory damages. 

I would speculate that it wont raise tremendous concern on their part, as consumers rarely initiate civil action based on the relatively small award sanctioned under the FDCPA.  Perhaps a primary reason why many debt collectors take latitude with the FDCPA.

The threat of legal action may not help to foster a feeling of GW on their part...... and my assumption was that CR deletion was your primary concern, not taking them to task for a dunning notice violation.

I wish you sucess should you pursue such action.

[tipofthespork]

You are correct Robert. I am hoping for deletion. I'm not really interested in pursuing legal action and I did not mention legal action in my letter. I wrote a kind and pleasant letter explaining had I known of the debt it would have been resolved. I mentioned I'm hoping to purchase my first family home and I hope we can resolve this matter swiftly and on mutually agreeable terms.