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Erc

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Caitt
Regular Contributor

Erc

Erc just reported something on my reports without sending me notice. What can I do?
Message 1 of 3
2 REPLIES 2
Anonymous
Not applicable

Re: Erc

Is it legit debt? Is it yours? How much and what about the original creditor, are they reporting?

Message 2 of 3
RobertEG
Legendary Contributor

Re: Erc

Debt collectors have no requirment to send any notification to the consumer before reporting their collection.

FDCPA 809(a) requires that they send a formal collection ("dunning") notice within 5 days after an initial communication with the consumer.

Posting to a consumer's credit report has been interpreted by the courts as also triggering requirment to send dunning notice.

 

There is no violation based on their reporting.

There might be a violation of dunning notice requirment if they did not send within 5 days after reporting, but that is a separate issue that is not basis for requiring deletion of their reporting, and is usually not treated as very significant by the CFPB unless it involves thousands of violations.

 

 

Message 3 of 3
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