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What to do if a CA ignores your DV request

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Regular Contributor

What to do if a CA ignores your DV request

The title says it all, what is the next step if a debt validation request is ignored. The DV letters were not sent in response to a dunning letter, only to get validation of a collection on my credit report.

 

 

Thanks

 

03/19/19
Experian: 571 | Equifax: 563 | TransUnion: 563

04/06/19
Experian: 591 | Equifax: 566 | TransUnion: 577
Message 1 of 4
3 REPLIES 3
Regular Contributor

Re: What to do if a CA ignores your DV request

Debt validation is a term in the FDCPA.  See 15 U.S. Code 1692g(a).   An entry on a credit report is not considered an initial communication that triggers a consumer’s right to validation.  

 

You can send a DV request, but the collector is under no obligation to respond.  

 

You don’t recognize the account?

Message 2 of 4
Community Leader
Legendary Contributor

Re: What to do if a CA ignores your DV request

You can always send a DV request, but unless the debt collector has first sent you a dunning notice, a DV request imposes nothing, and can be ignored.  FDCPA 809.

In the posted scenario, there is no triggering of a cease collection bar based on having sent a DV request without first having received a dunning notice.

 

As made clear in the legislative history of the FDCPA, the intent of the DV process was not to impose any requirement that a debt collector send validation.  The intent was to provide consumers with a reprieve from continued collection activities until the debt collector first sent the requested validation.

 

Even if they have sent a dunning notice and you then send a DV request within the 30-day period, while your DV is then proper and timely, it does not impose any period for or any requirment to send validation.

A timely DV imposes, per FDCPA 809(b), a cease collection bar upon the debt collector, which remains in effect untll such time as the debt collector chooses to send validation, and thus lift the cease collection bar.

 

If you send a timely DV request ,there is thus no violation of any kind by the debt collector based on lack of response.

A violation occurs if the debt collector resumes active collection on the debt, such as contined calls or letters, without first having sent validatiion.

 

 

Message 3 of 4
Regular Contributor

Re: What to do if a CA ignores your DV request

Thanks, I understand now!

03/19/19
Experian: 571 | Equifax: 563 | TransUnion: 563

04/06/19
Experian: 591 | Equifax: 566 | TransUnion: 577
Message 4 of 4
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