Agency License Inactive

Anonymous · ‎10-09-2014

There is a collections agency reporting an account which was opened and went delinquent in Minnesota where I also currently live. Minnesota law requires an agency be licensed in order to collect. This agency is no longer licensed in this state, but has not sent (or I have not received) a dunning letter, or any form of communication. However, when I called a few months ago they insisted a letter went out to my current address. Up to this point they've only reported the debt. I've looked around the forums and Google, and I understand that this would not fall under an FDCPA violation and would not require an FTC complaint. However, should I file a complaint with the BBB and the AG requesting the account be removed? Has anyone had success with this? Or should I confront the agency and let them know of my intentions to file a complaint if they do not remove the account?

IOBA · ‎10-20-2014

Did you file a complaint with the BBB or the AG?

Anonymous · ‎10-20-2014

Not as of yet. Wasn't sure if I should send a PFD with my concern about them not being licensed and resolve it that way, give them an easy out... or if I should file a complaint first instead. What's the best option?

Anonymous · ‎10-20-2014

File a compliant against them

IOBA · ‎10-22-2014

I agree - file a complaint. Let it be officially noted that they are operating outside the law.

RobertEG · ‎10-22-2014

If they never sent dunning notice, that is a violation since they have reported to a CRA.

I would use that as the formal FDCPA violation in a CFPB complaint, and also include the fact that their reporting was also barred by your state licensing provision.

That way, your complaint will clearly have basis for violatlion of the FDCPA.

Anonymous · ‎10-22-2014

Would that fall under "Did not receive notice of rights to dispute" when filing out the complaint?

Anonymous · ‎10-25-2014

I've submitted my complaint and hope to here back from them soon. I'll keep updating as the process moves along.

Anonymous · ‎11-11-2014

**UPDATE**

I submitted the CFPB complaint on 10/25. The status is now "Company response past due". The trade line is still on all three credit reports.

RobertEG · ‎11-11-2014

You still have an unresolved dispute.

You need a formal decision from the CFPB before holding of a finding of violation on their part.

Unless they forward to the FTC for civil action, you may not get a final, binding order.

You can always initiate your own civil action apart from reliance on an administrative decision by the CFPB.

Licensing is a state, not federal, requirement.