FCRA Question on Notices...

[2FixMyCredit]

All CA have to send you written notice within 5 days of contacting you correct?

Diversified consultants has called me literally 12 times today since 10am this morning!  I answered once to see who it was and was told that they in fact do not have to send notice, that them calling me was notice and that "Either pay the $1200 or we will ruin your credit"

I don't owe anyone anything except for a charge off on my credit that I am getting fixed.  They wouldn't tell me what it was for and said they will not be sending written notice in order for me to validate it properly.  I don't know what to do.

[DaBears]

Send a DV letter right away and send it CMRRR. 

[guiness56]

They are full of it.  Here is FDCPA 809:

§ 809.  Validation of debts   [15 USC 1692g]

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

[guiness56]

§ 807.  False or misleading representations  [15 USC 1692e]

(11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.

Did they provide this?

[2FixMyCredit]

They didn't provide any information on the debt itself at all just that I owed them $1200

It was the guy telling me over and over that I owe them $1200 and he kept telling me they would ruin my credit if I didn't pay it right then.  I was polite and said please follow FCRA and send written notice and him and one other guy said they didn't have to.  

[guiness56]

Well, they do. 

When they called did they give you the mini miranda?  This is an attempt to collect a debt........?  If they did not they are in violation of the FDCPA.

Send them a DV ASAP.

They cannot threaten you either.

[2FixMyCredit]

No mini miranda either.  Just that it was a collection.  I am sending a DV tomorrow morning since I found an address based on the telephone number they called from.

I'm debating if I should go ahead and file a complaint with the FTC since they did threaten me and didn't state a mini miranda or tell me what the debt was for.

[guiness56]

Yes, you should most definitely file a complaint with the FTC.  List all of those reasons plus the fact they told you they did not have to give you a written notice.

Who is the CA?

[RobertEG]

Just informing the consumer that they are calling regarding collection on a debt is not sufficient.

They must inform the consumer, either in that initial communication or in writing within 5 days thereafter, of the name of the creditor and of the consumer's right to request debt verification within 30 days of their notice.  Debt validation is not covered under the FCRA, but rather under FDCPA 809(a).

I would send a formal complaint to the FTC, with basis both their failure to have complied with section 809(a), and their statement that they dont have to and will not.

Let them explain to the FTC why they dont have to comply with the FDCPA.

I would cc: a copy to the debt collector.

Meanwhile, since they have not complied with dunning notice requirement, and DV you send will be timely, and thus invoke an automatic cease collection bar on them until such time as they provide the requested debt validation.

[guiness56]

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@RobertEG wrote:

Just informing the consumer that they are calling regarding collection on a debt is not sufficient.

They must inform the consumer, either in that initial communication or in writing within 5 days thereafter, of the name of the creditor and of the consumer's right to request debt verification within 30 days of their notice.  Debt validation is not covered under the FCRA, but rather under FDCPA 809(a).

I would send a formal complaint to the FTC, with basis both their failure to have complied with section 809(a), and their statement that they dont have to and will not.

Let them explain to the FTC why they dont have to comply with the FDCPA.

I would cc: a copy to the debt collector.

Meanwhile, since they have not complied with dunning notice requirement, and DV you send will be timely, and thus invoke an automatic cease collection bar on them until such time as they provide the requested debt validation.

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Good thinking.  Never thought of that.