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No response on DV letter- Collection posted

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Regular Contributor

No response on DV letter- Collection posted

So RECEIVABLES PERFORMANCE sent me a collection letter and I responded with a TEXAS DV letter requesting them to validate the debt per Texas finance code. 

 

I receved back the return reciept but never received a letter from them with validation of debt. This morning i got an alert that the collection was on my experian report.

 

How should i proceed? Should i dispute the debt on experian website and let them know the collection agency failed to validate per texas finance code or should i respond with another CMRR letter to the collection agency statin they did not comply with the texas finance code? 

Message 1 of 9
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Legendary Contributor

Re: No response on DV letter- Collection posted

The Texas DV process does not set any period for or requirement to send validation.

It does impose a 30-day period for a response, but the response can state that the debt collector is not yet prepared to provide validation.

It also imposes a cease collection bar, which similar to a federal DV request under the FDCPA, remains in effect until they have provided the requested validation.

 

However, if their response is a statement that they are not yet providing validation, the Texas Finance Code mandates that they delete any reported collection, but can reinsert after they have provided validation.

 

You thus have two possible violations of the Texas Finance Code.

First is the possbible violation of their cease collection bar by reporting to a CRA after receiving your DV request (although I am not aware of any specific Texas case law which clearly interprets reporting to a CRA as a prohibited collection activity when under such a cease collection bar), and the second is their failure to have sent the required response (but not necessarily validation) within 30 days.

Has more than 30 days expired since you sent your Texas DV request?

 

Violations of the Texas Finance Code should be directed to the Texas Office of the Attorney General.

 

 

Message 2 of 9
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Regular Contributor

Re: No response on DV letter- Collection posted

yes it’s been more than 30 days
Message 3 of 9
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Regular Contributor

Re: No response on DV letter- Collection posted

So basically i'll have to respond to the CA stating that they failed to respond to my validation request per Texas finance code. And I'll state that i'll be reporting to the state attorney generals office on their non-compliance?

Message 4 of 9
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Legendary Contributor

Re: No response on DV letter- Collection posted

Yes.

 

Cite Texas Finance Code, Title 5, Section 392.202  for the requirmetns to cease collection activity after receipt of a debt validation request, the requirment to respond within 30 days, and the requirment to delete any reported collection if validation is not included in the response.

 

You can also choose to bring your own civil action under the following provisions of the Texax Finance Code:

 

"Sec. 392.403. CIVIL REMEDIES. (a) A person may sue for:

(1) injunctive relief to prevent or restrain a violation of this chapter; and

(2) actual damages sustained as a result of a violation of this chapter.

(b) A person who successfully maintains an action under Subsection (a) is entitled to attorney's fees reasonably related to the amount of work performed and costs.

(c) On a finding by a court that an action under this section was brought in bad faith or for purposes of harassment, the court shall award the defendant attorney's fees reasonably related to the work performed and costs.

(d) If the attorney general reasonably believes that a person is violating or is about to violate this chapter, the attorney general may bring an action in the name of this state against the person to restrain or enjoin the person from violating this chapter.

(e) A person who successfully maintains an action under this section for violation of Section 392.101, 392.202, or 392.301(a)(3) is entitled to not less than $100 for each violation of this chapter.

 

"Sec. 392.404. REMEDIES UNDER OTHER LAW. (a) A violation of this chapter is a deceptive trade practice under Subchapter E, Chapter 17, Business & Commerce Code, and is actionable under that subchapter.

(b) This chapter does not affect or alter a remedy at law or in equity otherwise available to a debtor, creditor, governmental entity, or other legal entity."

Message 5 of 9
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Regular Contributor

Re: No response on DV letter- Collection posted

Robert- thoughts on this reponse? 

 

 

To whom It may concern,

On February 5th, 2019 you received a letter from me requesting you validate the debt you have against me which is referenced above, however you failed to respond to my request within the time limits and have now posted the collection to my credit report. I’ve attached records to this letter that show proof of credit report showing the debt, proof of receipt of letter by your company, and a copy of the letter sent requesting validation on February 5th, 2019. This information will be reported to the Texas State Attorney Generals Office due to the following violations.

 

Your actions are in violation of the Texas Finance code as such:

 

Texas Finance Code, Title 5, Section 392.202 requirement to cease collection activity after receipt of a debt validation request, requirement to respond within 30 days, and requirement to delete any reported collection if validation is not included in the response.

 

I am fully ready to exercise my right to seek civil remedies in accordance with Texas Finance Code:

 

Sec. 392.403. CIVIL REMEDIES. (a) A person may sue for:
(1) injunctive relief to prevent or restrain a violation of this chapter; and
(2) actual damages sustained as a result of a violation of this chapter.
(b) A person who successfully maintains an action under Subsection (a) is entitled to attorney's fees reasonably related to the amount of work performed and costs.
(c) On a finding by a court that an action under this section was brought in bad faith or for purposes of harassment, the court shall award the defendant attorney's fees reasonably related to the work performed and costs.
(d) If the attorney general reasonably believes that a person is violating or is about to violate this chapter, the attorney general may bring an action in the name of this state against the person to restrain or enjoin the person from violating this chapter.
(e) A person who successfully maintains an action under this section for violation of Section 392.101, 392.202, or 392.301(a)(3) is entitled to not less than $100 for each violation of this chapter.

"Sec. 392.404. REMEDIES UNDER OTHER LAW. (a) A violation of this chapter is a deceptive trade practice under Subchapter E, Chapter 17, Business & Commerce Code, and is actionable under that subchapter.
(b) This chapter does not affect or alter a remedy at law or in equity otherwise available to a debtor, creditor, governmental entity, or other legal entity."

Message 6 of 9
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Legendary Contributor

Re: No response on DV letter- Collection posted

Looks good to me......

 

However, I would send as a formal complaint to the office of the AG, with a cc: to the debt collector.

As now worded, it is simply an informal advisory letter to the debt collector, and not a formal complaint that begins rolling of the ball.....

Message 7 of 9
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Regular Contributor

Re: No response on DV letter- Collection posted

Robert- Pot twist

 

I received an email from the CA yesterday which stated the below...all they attached to the email was a phone bill with charges which in my opinion does not validate the debt is mine. My question is...Is just providing a bill enough of validation? What would be my next step to fight this? 

 

Attached, please find the validation of the debt that you requested. Please contact us at 866.269.9306 if you have any questions or concerns.

This communication is from a debt collector. This is an attempt to collect a debt. Any information obtained will be used for that purpose.

 

Sincerely,

 

Quality Assurance and Compliance

1-866-269-9306

Receivables Performance Management, LLC

PO Box 1548

Lynnwood, WA 98046

TO ALL CONSUMERS – Notice about Electronic Check Conversion: When you provide a check as payment, you authorize us either to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment and you will not receive your check back from your financial institution. Also, you authorize us to represent a check as an electronic fund transfer from your account if your payment is returned unpaid.

 

Please be aware of the following rights. This list does not contain a complete list of the rights consumers have under state and federal law.

 

California Residents: The state Rosenthal Fair Debt Collection Practices Act and the federal Fair Debt Collection Practices Act require that, except under unusual circumstances, collectors may not contact you before 8 a.m. or after 9 p.m. They may not harass you by using threats of violence or arrest or by using obscene language. Collectors may not use false or misleading statements or call you at work if they know or have reason to know that you may not receive personal calls at work. For the most part, collectors may not tell another person, other than your attorney or spouse, about your debt. Collectors may contact another person to confirm your location or enforce a judgment. For more information about debt collection activities, you may contact the Federal Trade Commission at 1-877-FTC-HELP or http://www.ftc.gov/. As required by law, you are hereby notified that a negative credit agency report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.

https://www.ftc.gov/sites/default/files/default_images/ftc_social_share_default_en.jpg

Federal Trade Commission

www.ftc.gov

The official website of the Federal Trade Commission, protecting America’s consumers for over 100 years.

 

https://www.ftc.gov/sites/default/files/default_images/ftc_social_share_default_en.jpg

Federal Trade Commission

www.ftc.gov

The official website of the Federal Trade Commission, protecting America’s consumers for over 100 years.

 

 

Colorado Residents: The Colorado office of RPM is located at 80 Garden Center STE 3 Broomfield, CO 80020, telephone (303) 920-4763. FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE WWW.COAG.GOV/CAR. A consumer has the right to request in writing that a debt collector or collection agency cease further communication with the consumer. A written request to cease communication will not prohibit the debt collector or collection agency from taking any other action authorized by law to collect the debt.

 

Massachusetts Residents: NOTICE OF IMPORTANT RIGHTS. You have the right to make a written or oral request that telephone calls regarding your debt not be made to you at your place of employment. Any such oral request will be valid for only ten days unless you provide written confirmation of the request postmarked or delivered within seven days of such request. You may terminate this request by writing to the debt collector.

 

Maine Residents: Hours of Operation: Mon - Fri: 7:30am – 5:00pm PDT; Sat 7:00am – 12:00pm PDT; Call Toll Free 1-866-269-9306.

Minnesota Residents: This collection agency is licensed by the Minnesota Department of Commerce.

 

Nevada Residents: NOTE: If you pay or agree to pay all or any part of the debt referenced in this letter, your payment or agreement to pay may be construed as your acknowledgment of the debt and that you agree to waive any applicable statute of limitations. Seek legal advice if you have questions concerning your legal right or obligations relating to this debt. Pursuant to NRS 649.375, please be advised that if you the above account by any method other than mailing us a payment or making a payment via our website, we may add a convenience fee. If you mail the payment or make it via our website no fee will apply. Also be advised, this notice does not limit your rights under the law, a set forth on the front side of this notice, to dispute the debt, to request us to validate the debt or to disclose the identity of the original creditor if different than the one shown.

New York: Debt collectors, in accordance with the Fair Debt Collection Practices Act, 15 U.S.C.

§ 1692 et seq., are prohibited from engaging in abusive, deceptive, and unfair debt collection efforts, including but not limited to:

(i) the use or threat of violence;

(ii) the use of obscene or profane language; and

(iii) repeated phone calls made with the intent to annoy, abuse, or harass.

If a creditor or debt collector receives a money judgment against you in court, state and federal laws may prevent the following types of income from being taken to pay the debt:

1. Supplemental security income, (SSI);

2. Social security;

3. Public assistance (welfare);

4. Spousal support, maintenance (alimony) or child support;

5. Unemployment benefits;

6. Disability benefits;

7. Workers’ compensation benefits;

8. Public or private pensions;

9. Veterans’ benefits;

10. Federal student loans, federal student grants, and federal work study funds; and

11. Ninety percent of your wages or salary earned in the last sixty days.

 

New York City Borough Residents: Department of Consumer Affairs, City of New York, License # 1291891. Please contact Mariela Espinoza at (866) 367-1878 if you have questions.

City of Yonkers, NY Residents: Please contact Mariela Espinoza at 1-866-269-9306. f you have questions.

 

North Carolina Residents: North Carolina Department of Insurance Permit # 3942.

 

Tennessee Residents: This collection agency is licensed by the Collection Service Board, State Department of Commerce and Insurance.

 

Utah Residents: As required by Utah law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.

 

 

Message 8 of 9
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Legendary Contributor

Re: No response on DV letter- Collection posted

Section 392.202 of the Texas Finance Code does not mandate factual proofs of validity of the debt.  It states only that the debt collector provide a "statement ... denying the inaccuracy."

It does not require that they provide any proofs or document the validity.

 

In my opinion, what they have sent is more than adequate.

However, if you feel otherwise, you can always pursue an assertion of violation of the code.

 

Texas Finance Code, Section 392.202(b):

"b) Not later than the 30th day after the date a notice of inaccuracy is received, a third-party debt collector who initiates an investigation shall send a written statement to the individual:

(1) denying the inaccuracy;

(2) admitting the inaccuracy; or

(3) stating that the third-party debt collector has not had sufficient time to complete an investigation of the inaccuracy."

Message 9 of 9
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