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Is it illegal to report without notifying you first?

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Anonymous
Not applicable

Is it illegal to report without notifying you first?

Is it illegal for a collection agency to report on your credit report without first notifying you of the debt first?

 

 

Message 1 of 6
5 REPLIES 5
dursty87
Established Contributor

Re: Is it illegal to report without notifying you first?

Once they report they have 5 days to notify you via a dunning notice. If not, they are in violation of the FDCPA.
Message 2 of 6
Anonymous
Not applicable

Re: Is it illegal to report without notifying you first?

I never received notifcation on several notices on my credit.

 

How would I go about getting it removed since they didn't notify me?

 

File a formal compliant with CFB?

Message 3 of 6
taxi818
Super Contributor

Re: Is it illegal to report without notifying you first?


@Anonymous wrote:

I never received notifcation on several notices on my credit.

 

How would I go about getting it removed since they didn't notify me?

 

File a formal compliant with CFB?


I'm sure many say they never received. But if ca has documention they sent notification. Does not matter if you received or not. 

Message 4 of 6
dursty87
Established Contributor

Re: Is it illegal to report without notifying you first?

As taxi said its all he said she said since they don't send anything CMRRR. They are in violation of the FDCPA and you can file a complaint if you choose. However the violation itself is not grounds to have the collection removed.
Message 5 of 6
RobertEG
Legendary Contributor

Re: Is it illegal to report without notifying you first?

+1

If the CFPB determines that the debt collector has violated FDCPA 809(a) by failure to have sent timely dunning notice, they determine the appropriate sanction for that violation.  The violation is not in their having reported, so deletion of their reporting is not the usual sanction.

 

Perhaps a notice to cease such practice, and in more extreme cases, regular reporting back to the CFPB of all collections opened in some past period of time, along with proof of having sent timely dunning notice.

Message 6 of 6
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