DV AND CA REPORTING...

[Dbremer]

Sent a dv to pinnacle. They received on 2/13 with no date on gc btw, and reported on 2/15. Is this ok since I dv'd them? Do they have an allotted time to stop/cease collection? I know they have to delete after 30 days if not validated but should I send 623 since they reported after receiving dv?? Thanks for any help!

[gdale6]

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@Dbremer wrote:
Sent a dv to pinnacle. They received on 2/13 with no date on gc btw, and reported on 2/15. Is this ok since I dv'd them? Do they have an allotted time to stop/cease collection? I know they have to delete after 30 days if not validated but should I send 623 since they reported after receiving dv?? Thanks for any help!

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The only thing a DV does is stop collection actions until they can validate the debt, it does not stop reporting of it. A Section 623 goes to OCs not CAs are you intending to 623 the OC? If so I would delay pending DV outcome. I would also hope that this debt is outside your states SOL, poking one inside the SOL can bring unintended consequences unless you are prepared to PIF.

[Dbremer]

Oh gosh, my post was a mess! It's for verizon from 2009 so sol has expired. I guess I thought that they could not report since that is considered collection activity, am I wrong in thinking that?

[gdale6]

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@Dbremer wrote:
Oh gosh, my post was a mess! It's for verizon from 2009 so sol has expired. I guess I thought that they could not report since that is considered collection activity, am I wrong in thinking that?

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@Dbremer wrote:
Oh gosh, my post was a mess! It's for verizon from 2009 so sol has expired. I guess I thought that they could not report since that is considered collection activity, am I wrong in thinking that?

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Simply reporting the collection is not considered "collection activity". It can be considered a "first contact" but I do believe by law they must send you dunning thru the mail within 5 days of it actually reporting.

[RobertEG]

The courts have consistently ruled that reporting to a CRA is considered as "collection on the debt" and is covered by a cease collectin bar under FDCPA 809(b).

The primary issue is whether your DV was timely, and thus whether  it actually imposed a cease collection bar.

If a DV is not timely, meaning it was not sent prior to dunning notice, or within 30 days of dunning notice, it invokes no cease collection bar.

Thus, they could choose to simply continuing collection activity, including reporting to a CRA.

Even if timely, there is not period in which they must provide verification.  As long as the cease collection on the debt, they are not required to respoond.

Did they send prior dunning notice, and if so, when?