Quick question about reporting

[Anonymous]

Hello everyone,

I am helping my friend rebuild, and just when we had got almost all of the baddies off, he informed me that a new collections account with National Credit Adjusters hit his reports. The info is very vague... just the date open (2016), balance, high balance (exactly $100 more than balance?) and the debt collectors address..... I couldn't really find a definitive answer anywhere.. on collection accounts, it is required the Original Creditor be listed? And what should I recommend to him as far as his next actions? He has not received any calls or mail regarding the account. Should he call in to get more info ( I will tell him not to provide any personal info to them, and not to admit, etc) or should a DV letter be sent, or both? Thanks in advance!

[RobertEG]

FDCPA 809(a) specifies the required content of a collection ("dunning") notice.

It does not require the name of the original creditor.  It only requires statement of who owns the debt (i.e., who they are collecting on behalf of).  If the debt collector only has assigned collection authority, then the OC should be named.  However, if the debt collector owns the debt, they need only disclose that they are collecting.

If the consumer additionally wants the name of the original creditor, then section 809(b) explicitly includes that as part of what can be requested in a DV request.  It must specifically be stated as part of any DV request.