Re: As usual, I'm confused!
09-12-2012 02:39 PM
Having reported their collection activity to a CRA, that triggered their requirement to have provided dunning notice within 5 days therafter.
The statutory intent is protect consumers from damage due to "submarine" collections being included in their credit report without their timely post-notification and thus ability to deal with it in their own timely fashion.
How you can proceed is dependent upon whether they provided that required notice. If they did provide prior dunning notice, it set a period of 30-days in which a request for debt verification be sent in order to invoke any cease further collection bar on them. If that period has exipired, any DV would be untimely, and thus invoke no cease collection bar. The debt collector would have no requirement to respond or to cease any collection activities.
Thus, prior to attempting to invoke an provisions of the FDCPA for these "submarine collections," the issue of prior dunning notice must be resolved.