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I just got a notice that there was a new CA on my credit report. There was a company that had this debt just last month that I tried to PDF.
I just thought that a CA had to contact me first before reporting on my credit report.
Anyone know what the laws state?
No, they can report without contacting you. Happened to me, and I am afraid it is legal.
@Anonymous wrote:I just got a notice that there was a new CA on my credit report. There was a company that had this debt just last month that I tried to PDF.
I just thought that a CA had to contact me first before reporting on my credit report.
Anyone know what the laws state?
It seems unfair but doing this is considered an "initial contact" just like a phone call. Yes it's legal but the CA still is required to send you a dunning letter within 5 days of placing the collection in your reports.
From a BK years ago to:
EX - 3/11 pulled by lender- 835, EQ - 2/11-816, TU - 2/11-782
"Some people spend an entire lifetime wondering if they've made a difference. The Marines don't have that problem".
It is unfair if it is reported to your credit file without your prompt knowledge, since from that point on, it affects your credit score, and without knowledge of such reporting, you would be unaware of the necessity of dealing with it. Most consumers dont regularly pull their credit reports.
The protection is FDCPA 809(a), which has the goal of eliminating the occurance of submarine collections that lendors often find out about before the consumer.
The requirement for sending a collection (dunning) notice within 5-days of initial communication, which can actually not even be a communication sent to you, but rather posted in your credit report. attempts to ensure that consumers are promptly aware of such postings to a consumer's credit file.
The problem with reliance on FDCPA 809(a) is that debt collectors can ignore it with little practical peril. Enforcement of this requirement is not a disputable item under the FCRA. Enforcement is charged to the FTC. However, the FTC does not usually take actions on individual consumer complaints of violations of the FDCPA, leaving the consumer basically with reliance on their own civil action to address FDCPA violations. In many ways, a watch dog with no bite.