Imagine ... CA posts to CRAs but doesn't contact you. Some months later, you notice and ... do what? In my case, I sent them a DOV letter. Once they actually contact you, the law gives them 5 days to send you a mini-Miranda; you get 30 days from that point to dispute; and they get 30 days to respond to your dispute. So what if their first actual contact isn't until they respond to your pre-emptive dispute? Do you lose your right to get a mini-Miranda? Do you lose your 30 days to dispute. Do they have as long as they want to respond because the clock hasn't started ticking (since they haven't contacted you yet)? What's the status of the case after you receive their response to your pre-emptive dispute? And, when does the SOL clock start ticking?
JMHO, I think the 5-day communication window should start when they fist enter their TL on your report. After all, they are putting it there in hopes you will become aware of it (b/c you are monitoring your own credit or you applied for credit) and pay them.
First, you must be notified of any negative information reported to your CR, within five business days of insertion. This can be read to mean five business days "after" insertion, but you must be notified in writing. Second, a CA is required to send "Notice" of the debt (which includes the mini-Miranda), and you have 30 days to dispute (from date of receipt of Notice). This could be done with the first item above. In this scenario, I would say you have full rights to validation/dispute, though most likely a CA would say they sent Notice (and you never received). The SOL is based upon the deliquency dates of the underlying debt, not when reported to CRAs, or when Notice is sent.
That sounds like what happened to me this Jan. I found out about a collection account when I reviewed my CR while applying for a loan. I sent a DV, a 2nd DV, ITS, Complaint to the State AG, and Notice of Small Claim for FDCPA violations: 1) No notice within 5 days of initial contact 2) no validation within 30 days of request 3) continued collection activity without validating The lawsuit is pending the intiatial hearing and I did not receive one sheet of paper from the CA prior to filing the lawsuit. So don't hold your breath... The FDCPA says: So, the CA will say that was accomplished when they sent the initial letter to wherever they sent it, you'll say, that the 1st communication was when you first talked to the CA. As near as I can tell (and I need to brush up on my case law) communication requires that it be sent to you (i.e. your address). You don't have to read it or even open it for it to count as communication, but it has to be sent to you. If it was sent elsewhere, then when you contact them, that should restart the 5-day clock wherein they need to send you the initial letter described in 1692g(a). I've had some do that and some not. Remember, to them (the CAs) it's just a big numbers game. Some debtors pay, some don't, very few complain and when they do the CAs just fuss a bit then pay those few squeaky wheels to go away so they get back to their job. There just aren't enough costs to doing what they do to get them to change.
So true, it is estimated that less than 1% request debt validation, so it is a numbers game to eliminate the "costly" collections activity.
