New Collections = "Initial Communication"?

[daveg38]

Was wondering if - absent phone calls, letters, emails - if a CA's entry of a collection account on your credit report is considered "initial communication" by the CA (which means a dunning should have been short to follow).

If so, is there a legal precedent (i.e. case to reference) in my letter to this JDB to have them remove this entry or "get slammed by the gavel of justice"?

It's Enhanced Recover Company. Low-hanging fruit in the world of CA's, IMHO. I promise not to "toy with my food" too badly...I'll finish 'em off quickly. Just want to make sure I have something to quote when I send them an in-depth DV letter (if there IS a law, I may send an ITS instead since they failed to "communicate" with me).

Thanks.

[Anonymous]

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@daveg38 wrote:

Was wondering if - absent phone calls, letters, emails - if a CA's entry of a collection account on your credit report is considered "initial communication" by the CA (which means a dunning should have been short to follow).

If so, is there a legal precedent (i.e. case to reference) in my letter to this JDB to have them remove this entry or "get slammed by the gavel of justice"?

It's Enhanced Recover Company. Low-hanging fruit in the world of CA's, IMHO. I promise not to "toy with my food" too badly...I'll finish 'em off quickly. Just want to make sure I have something to quote when I send them an in-depth DV letter (if there IS a law, I may send an ITS instead since they failed to "communicate" with me).

Thanks.

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IMO, the mere entry of the collection item on the CR would not satisfy the requirement for "debt validation" as outlined in the Fair Debt Collection Practices. I may be wrong, but I certainly would not agree with the presumption that it would satisfy requirements. https://www.ftc.gov/system/files/documents/plain-language/fair-debt-collection-practices-act.pdf  The communication from the collector has to include a few pieces of information (rights?) for the consumer to initiate their investigation in order to determine if the debt is valid, among other things. ( It is unfortunate that the CRAs are staffed with incompetent and lazy employees who are unfamiliar with the basics of the Act especially as it relates to collecting debt.)

Dispute the CA, and if no luck, send debt validation letter, then initiate complaint with Consumer Financial Protection Bureau https://portal.consumerfinance.gov/consumer/s/login/ 

Good luck!