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@simplegirl wrote:
They won’t delete just because you didn’t get a notice and luckily its no Verizon reporting because I have a collection from them and they are reporting but won’t PFD. I also think Jefferson deletes after payment but I would check their website to be sure because now agencies state it on their website.
+1 some do state they will delete now. If nothing else, at least having it paid will look better on a UW manual review as well. Hope for you that it will be deleted tho
Too bad you didnt catch it before it went to a collectons agency. Verizon has their own internal collections dept. They try all they can to recoup whats owed so they dont lose $ after selling it to a collection agency. They are a tough nut to crack. GW Verizon. Doesnt hurt to try. Good Luck!
The answer to the original question is no.
There is no requirement under either the FCRA, FDCPA, or any goverment regulation under those acts, that a debt collector must first communicate with the consumer before they can report their collection to a CRA.
It is vey common and totally proper for a debt collector to first report to a CRA prior to beginning collection activiies. They may view such reporting as a collection tactic to get the attention of the consumer, as they have clearly done.
Requirement to send a dunning notice is triggered only upon the debt collector initiating communicaiton with the consumer. See FDCPA 809(a). That begins active attempt to collect on the debt. They can choose to delay initiating communication in attempt to collect on the debt for any period of their choosing.
Reporting to a CRA has not, under case law, been interpreted as an initial communication with the consumer, and thus does not itself trigger requirement to send dunning notice.
Regardless, even if they were under a requirment to have sent dunning notice at some point, lack of dunning notice is not basis to require deletion of a reported collection. Lack of timely dunning notice can be pursued as a separate violation of the FDCPA, such as be seeking damages of $1,000 under the FDCPA, but does not additionally impose a deletion penalty.