Dynamic Recovery Solutions Calls

ken72 — Wed, 17 May 2017 19:38:08 GMT

Hello everyone. I've searched through the forums in regards to DRS and didn't quite find the answer I was looking for. I am getting 3-4 calls a day from this debt collector. I haven't spoke with them but I know the numbers are from them per a google search. I checked my credit reports and they are nowhere on my report. Should I send a debt validation letter or go right to a Cease and Desist since they aren't on my credit report.. or both? Thank you for you help.

Ken

Re: Dynamic Recovery Solutions Calls

RobertEG — Wed, 17 May 2017 20:01:01 GMT

A consumer cannot simply send a separate notice (not a DV) to a debt collector that requires them to broadly cease and desist from all their collection activities.

A consumer can instruct a debt collector to cease communications with the consumer regarding the debt by sending a cease communication notice under FCRA 605(c).

Since the debt collector has not yet sent a dunning notice, any DV request would be considered timely, and does impose a cease collection bar on the debt collector, which is more comprehensive than a simple cease communication notice. It extends to all collection activites, including communications and reporting to a CRA.

If you contest the debt or need the name of the original creditor, a broader cease collection bar is imposed by a DV.

However, the normal issue with sending a DV prior to dunning notice is that the consumer often does not have the required mailing address of the debt collector.

If you know their identity/mailing address, then I would recommend sending a DV.

If you dont know their address, then I would advise answering their next call, which will then constitute an "initial communication with the consumer" uder FDCPA 809(a), triggering their requirement to send you a dunning notice within 5 days after the call. That will provide you adequate info to then send your timely DV request.

A second issue with a DV is that they can immediately send validation, which lifts the cease collection bar, and then they are free to report without any further notice to or communication with the consumer. It is thus only a temporary bar that can be lifted at any time solely at the discretion of the debt collector. It is not a solid path to preventing reporting of the collection.

A third issue with a DV is that even if timely, it does not impose any requirement that they send validation at any time. They can choose to remain under the cease collection bar until they decide to send validation. You could thus be in limbo indefinately, which blocks any ability of the debt collector to negotiate with you should you decide to attempt a PFD or settlement negotiation.

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Dynamic Recovery Solutions Calls

Re: Dynamic Recovery Solutions Calls