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Collection call during 30 days


ChicagoGirl
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My DH received a collection notice from an old debt supposedly incured from an apartment he moved from in 2001. As soon as we received the letter I sent them a DV letter CMRR. I received the green slip back yesterday.

Today they have started calling our house, I thought they weren't allowed to attempt to collect during the 30 dispute process?

Am I missing something? I'm going to docuement each time they call and take a pic of the caller id. I thought this was a violation since we did dispute the debt within 30 days?

Oh, the collection company is FABCO out of Columbus, OH. I did a search but didn't find anything about them.

Thanks!

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The law does not require that you receive the validation before a CA can continue collection activity. The law only requires that they deposit the validation in the mail with appropriate postage, addressed to you at the address that you provided. Assuming that they do this (and I know this is a big assumption), then they've met their requirement under the law and can resume collection activity.

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"we've dunned you properly already and you failed to dispute then".

And this is the loophole they try. Doesn't matter if they just got the account last week, they'll tell you you were sent a dunning letter a year ago, just to avoid the 30 day DV clause.

Or just as likely, the collector just doesn't care or know.

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The law does not require that you receive the validation before a CA can continue collection activity. The law only requires that they deposit the validation in the mail with appropriate postage, addressed to you at the address that you provided. Assuming that they do this (and I know this is a big assumption), then they've met their requirement under the law and can resume collection activity.

Pretty sure there have been court decisions that said attempting collections before validation is received is a violation. Even attempting collection in the same letter you provide validation.

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Yes it was the first letter from them, with the whole bit about if you dispute this debt you have thirty days..etc. So I sent my dispute letter the next day, and I made sure it was well within the thirty days from the date on the letter.

Should I just document their calls and wait and see if they send me anything in response to my letter?

Thanks everyone!

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"we've dunned you properly already and you failed to dispute then".

And this is the loophole they try. Doesn't matter if they just got the account last week, they'll tell you you were sent a dunning letter a year ago, just to avoid the 30 day DV clause.

I had a CA try that. I sent a DV in November, and they wrote to tell me that they did not need to validate because they had sent the initial dunning letter in May. When I pointed out to them that they were a new CA, having only been a corporation since July, and only a registered CA since September, they backed down and deleted.

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