Is this a violation of FDCPA 809(a)

[Anonymous]

A few weeks ago I received an alert from MyFico about a new collection. I researched it and discovered that it was an old medical bill for my wife. Am I correct in understanding that according to FDCPA 809(a), I should have received written notice within 5 days? I have received nothing from them. 

[RobertEG]

FDCPA 809(a) requires a debt collector so send a written collection ("dunning") notice within 5 days after an "initial communication with the consumer."

It does not specifically state that reporting to a CRA is an "initial communication" that triggers the requirement for dunning notice.

You will find case law that supports the interpretation of section 809(a) that reporing to a CRA does constitute an "initial communication" that triggers requirement for dunning notice, but none are, to my knowledge, federal appellate court decisions that are thus binding precedent within your federal jurisdiciton.

You can pursue an assertion of a violation, but it may or may not prevail.

Aside from the legal issue, it is gnerally not, in my opinion, considered a major violation.  Lack of timely dunning notice is not rare, and in cases where it has been found lacking, rarely results in any substantive difference as to credit reporting.  It might be subject to civil action or complaint to the CFPB, but will not serve as basis to require deletion of their reporting. 

Up to you as to whether you wish to pursue a violation.

[Anonymous]

Thanks for the reply. I wasn't after them for deletion as I am persuing payment to the OC who still owns the debt, then will persue deletion by other means. I'm simply infuriated with Fidelity for not contacting me prior to reporting it. Had they done so, I would have paid it to keep it off my reports. I also learned from the OC that the assigned the debt to Fidelity back in January. Fidelity sat on it for six months without a peep, then posted it to my reports. I was more out for vengance.