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no notice or contact from CA but shows on Report

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RobertEG
Legendary Contributor

Re: no notice or contact from CA but shows on Report

A drbt collector is not required to provide any contact or notice prior to reporting their collection to a CRA.

 

They are required to send a dunning notice within 5 days after an initial communication with the consumer.

FDCPA 809(a).

If you wish to pursue lack of dunning notice as a violation of the FDCPA, you can file a complaint with the CFPB.

Section 809(a) refers to "initital communication with the consumer," and does not specifcially state that reporting to a CRA comprises an intitial commumication that triggers dunning notice.  However, there is case law in some federal jurisdictions that makes that interpretation.

 

A DV is only untimely if dunning notice has been sent, and more than 30 days has expired since it was sent.

Thus, any DV semt at this point would be timely, and therefore impose a cease collection bar.

 

Whether you wish to  send a DV is up to you. 

Sending a timely DV does not impose any period for or requirment to provide debt validation, so you will not be assumred of valid\tion within any period.

A timely DV imposes a cease collection bar on the debt collector, which remains in effect until such time as they choose to respond.

 

If you wish to negotiate payment terms, such as a settlement for less or a PFD offer, a cease collection bar will prevent the debt collector from doing so, placing you both in a state of limbo until validation is provided.

If the debt is legit and you wish to send a PFD, then sending a DV would not be advised.

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