Does a CA have to contact me for dunning to be required?

[mrordinary]

LVNV put a collection on my CRAs in 9/2011. No dunning, no calls, no letters. The BBB response from the complaint I made for no dunning states that they did not have to send a dunning notice since they did not contact me. Isn't the "communication" they made with me by reporting on my credit report enough to require a dunning? This is the way I have learned from MyFico and other forums that the FDCPA states dunning notice is required within 5 days of communication with the consumer. I am going to dispute LVNVs response but could someone help me or tell me if I'm wrong?

[mrordinary]

Anybody? I only have a few days to respond....

[RobertEG]

Yes.

While FDCPA 809(a) refers broadly to "initiation of communication with the consumer" as the triggering of requirement to send dunning notice within 5 days, and does not specifically address CRA reporting, there are both FTC opinions and numerous court decisions holding that reporting to a CRA triggers the requirement to send dunning notice under section 809(a).

If the BBB proffered a different opinion, I would disagree.

However, an FCRA dispute is not the proper venue for handling FDCPA violations.  It is not the accuracy of their reporting that is at issue, it is their failure to have complied with their debt collection obligations under the FDCPA after reporting the collection.  They are handled by way of administrative complaint to the FTC, letters to your BBB (which they are apparently of no help), or your own legal action.

[mrordinary]

Ahh. Ok. I knew I'd read that info! The BBB is not the problem,LVNV responded to the BBB complaint with that info about not requiring a dunning because they didn't call me. I have the letter they wrote, I will use it in my complaint to the FTC. I will respond to the BBB and let them know. I know they do not have to delete, and I am willing to pay, but if I'd been sent a dunning I'd have taken care of this months ago. It has been sold 5 times since it was charged off. Thanks as always Robert!

[RobertEG]

I would make sure to send a cc: of any FTC complaint to the debt collector.

You never know... it have an impact on your future dealings with them.  They may wish to respond to the FTC with a statement that the matter has been resolved with the consumer.........

[mrordinary]

OK, I will do just that. I re-read the response they sent me and it basically states that another one of their sister companies owns the acct now yet LVNV is the one who keeps updating my balance ...

[Dishpro]

I would also mention the intention to file a complaint with the FTC in your next communication with the BBB. The CA might know that the FTC complaint will go your way and agree to deletion.

[mrordinary]

Finally filed the FTC complaint today. Also going to respond to the BBB complaint.I'll update the outcome asap!