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DV question

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QAMngrGirl
Frequent Contributor

DV question

I searched but did not find a definitive answer, so here goes...

1. A CA is under no obligation to validate a debt, true or false?
2. A DV does or does not prevent further collection until it's verified?
3. Reporting negatively to the CRAs without validation is a a violation of the FDCPA?
4. Does a yes to 3 mean a BBB complaint will get it removed (most likely)?

Message 1 of 4
3 REPLIES 3
guiness56
Epic Contributor

Re: DV question


@QAMngrGirl wrote:

I searched but did not find a definitive answer, so here goes...

1. A CA is under no obligation to validate a debt, true or false? True
2. A DV does or does not prevent further collection until it's verified? Does
3. Reporting negatively to the CRAs without validation is a a violation of the FDCPA?It depends. Did they report before or after recieving the DV?
4. Does a yes to 3 mean a BBB complaint will get it removed (most likely)?It depends on what exactly happened.


 

Message 2 of 4
RobertEG
Legendary Contributor

Re: DV question

........provided the DV is timely, meaning sent without prior dunning notice, or within 30 days of dunning notice.

 

If untimely, it invokes no cease collection bar.

 

As an aside, a BBB complaint will never compel a party to do anything.  BBBs have no enforcement authority under either the FCRA or the FDCPA.

They send letters, to which a business may wish to respond or comply, but their actions are voluntary.

 

The FTC has authority to compel compliance with the statute by way of either sanctions or civil action, so any BBB complaint should at least be supplemented with a formal complaint to the FTC.  They will send a letter, but in practice they dont bring sanctions or take legal action on individual consumer complaints.

They reserve such actions for class action complaints or for those that show a pattern based on other consumer complaints showing repeated violations.

Message 3 of 4
QAMngrGirl
Frequent Contributor

Re: DV question

I never received a dunning notice from LVNV Funding, they showed up on my credit report 3/18/13 and I panicked and fired off a PFD to get rid of the debt

They didn't respond, I sent a DV 4/6/13 & it was received/signed for on 4/9/13

If they report again this month (April 2013) I wanted to know if filing a complaint to the FTC & BBB would get it removed....

 

Message 4 of 4
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