Midland...What should I consider this? Help, please!!

[Anonymous]

---

@RobertEG wrote:

I dont see any relevance of the FTC v T-Mobile complaint, which dealt with charging of unauthorized fess on consumer accounts.

The issue is Midland's response is that theu have improperly treated a DV request as a dispute of accuracy of credit reporting.

If the DV argued the accuracy of any information they had reported, they could have considered it to be a direct dispute.

Furnishers are permittted to make a finding that a direct dispute does not contain sufficient information to permit them to conduct a reasonsble investigation.

To the contrary, a DV has no requirement to document any error.  It need simply request verification.

I would respond to Midland by simply stating that your letter was not a direct dispute, and thus they have no basis for requesting any additional information.

Since their response failed to provide verification, they remains under a cease collection bar, and must refrain from any communication with you until they have provided the requested debt verification.

The only violation by their letter would be a possible holding that it violates their cease collection bar under FDCPA 809(b), assuming your DV was timely.

If you file a complaint with the CFPB, that would be the basis.

Personally, I would give them the benefit of possible confusion if your letter included any arguments pertaining to the validity of the debt, and hold off an any complainy based on violation of their cease collection bar unless they repeat such actions.

---

I have a feeling Midland probably received this outside of the 30 day window and routinely treats such DVs as disputes which they 'can't figure out' - this canned answer seems to be common with them.

[Anonymous]

I never received a dunning notice from Midland. If they sent one, it wasn't to the correct address.  So yes, my DV was outside of,what they may consider to be 30 days. 

I still don't know if this is proper validation or not? IMO, it is not. 

Would it be safe to say they don't have the information I requested? 

[RobertEG]

If they never sent dunning notice, then you have no timeliness issue related to your DV.

Timeliness only becomes an issue if dunning notice has been sent, and the DV is not sent within 30 days of the notice.

If they reported their collection to a CRA, that triggered their requirement under FDCPa 809(a) to have sent duning notice within 5 days.

If they failed to do so, they would additionally have a section 809(a) violation.

They are thus under a cease collection bar, which extends to any communication dealing with the substanxe of the debt.

Their request for info could thus be viewed as violtion of their cease collection bar under section 809(b).

If they additionally report a dispute to the CRAs, that would be violation 3, as your DV is a request under the FDCPA, not  a dispute under the FCRA.

All fodder for a formal complaint to the CFPB for violations of the FDCPA and FCRA.