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just8250

Statutory Validation - Can Collection Agency Report to Credit Bureau Without Sending Debtor a Debt or Demand Letter?

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Hello everyone, I'm sure this has had to be discussed numerous times, but when performing a search, I have been unable to locate the information requested. I know under 15 U.S. Code § 1692g - Validation of debts, a collection agency is required to validate a debt; however, I cannot find what happens if the collection agency reports a debt to the credit bureaus without sending the debtor any type of letter concerning the debt or demand for payment or notifying the debtor of his/her validation rights within 30 days? I understand that it may be a mute point because proving the collection agency did not send a letter is difficult, but I am curious if the FCRA or some other legal standard requires the collection agency to notify the consumer in some type of affirmative manner BEFORE reporting to a credit bureau.

 

Thank you as always for the wealth of knowledge gained from this site and the people on it.

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No there is no law that says they cant report till the send dunning. Its my understanding though that some appeals courts have ruled that reporting it sets off a time clock and they have to then send you dunning within 5 days of reporting. They could send it to any address that may be on file and not necessarily your current one.

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On 9/19/2015 at 6:35 PM, just8250 said:

Hello everyone, I'm sure this has had to be discussed numerous times, but when performing a search, I have been unable to locate the information requested. I know under 15 U.S. Code § 1692g - Validation of debts, a collection agency is required to validate a debt; however, I cannot find what happens if the collection agency reports a debt to the credit bureaus without sending the debtor any type of letter concerning the debt or demand for payment or notifying the debtor of his/her validation rights within 30 days? I understand that it may be a mute point because proving the collection agency did not send a letter is difficult, but I am curious if the FCRA or some other legal standard requires the collection agency to notify the consumer in some type of affirmative manner BEFORE reporting to a credit bureau.

 

Thank you as always for the wealth of knowledge gained from this site and the people on it.

just curious, did you get this resolved?

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