LVNV...HELP!

[Anonymous]

I noticed LVNV on my credit report in December. They were reporting for an account that had previously belonged to Arrow. I never received a dunning notice, so I sent a DV that was signed for on February 28. I also sent disputes to all 3 of the credit bureaus by certified mail. The disputes were opened on March 8, and are still pending. In the meantime, I have never heard anything from this company about my DV, but they updated the balance on March 24 while the dispute is still pending. Can they do this? Report without sending a dunning notice, ignore a dv request, and continue updating during an opened dispute...? Any thoughts on this matter would be greatly appreciated. Thanks!

[llecs]

I'll let others opine on the legality, but it's possible the TL updated as a result of the dispute and the automatic updating that goes along with it as opposed to the CA updating it on their own.

[Anonymous]

They updated the amount from $1900 to $1600, but the dispute is still pending as of this morning.

[hdrider07]

I'm not sure about the updating part but for the DV LVNV is infamous for not responding to them.  I sent one and included in it a cease and desist notice so they claimed that is why they didnt respond.  Be careful dealing with them, make sure everything is in writing.  I had them and filed a complaint with the BBB and AG, they ended up deleting it and apologizing.

[rckstrscott]

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@hdrider07 wrote:

I'm not sure about the updating part but for the DV LVNV is infamous for not responding to them.  I sent one and included in it a cease and desist notice so they claimed that is why they didnt respond.  Be careful dealing with them, make sure everything is in writing.  I had them and filed a complaint with the BBB and AG, they ended up deleting it and apologizing.

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+1 -- BBB complaint did the trick. Took 19 days from start to finish to have this account removed from my credit file.. Resurgent (the company who handles the LVNV accounts, one of Sherman Financials 90000000 companies)  is actually  rated business for the BBB, so if you take your complaint to them, draft a really solid complaint letter (not angry, just solid) and mention the correct statutes they violated in your opinion, they will cave pretty fast if the debt is outside of the SOL.

-scott

[RobertEG]

Report without sending a dunning notice?

Yes they can.  There is no requirement to send dunning notice prior to initiating collection activities.  The requirement is that they send dunning notice within 5 days after intitiating collection activities.  Reporting to a CRA is well-established as intitiating the requriement for dunning notice.  Their violation was not in their credit reporting, but rather their failure to advise you by way of timely dunning notice that they had done so.  Still an FDCPA violation, but wearing a different hat.

Ignore a dv request?

Unless you are a resident of Texas, and included a "Notice of Inaccuracy" of the debt under the Texas state debt collection statute, they have no period to respond. Their penalty for delaying, or even failing to provide, debt verification, is cessation of collection activity.

continue updating during an opened dispute...?

THAT is your clear and more serious FDCPA violation.  Just as initial reporting is considered to trigger their requirement to send dunning notice, reporting to a CRA after receipt of a timely DV is considered to be a prohibited collection activity while under a cease collection bar.

I would suggest you put your eggs in that basket.