Put on credit report, no notice

[Focus2069]

So...In my credit repair journey, I have found one more hurdle.

I have found out that there is another CA on my report for an utility company that I dont remember ever having service with.

I tried calling that utility company, and they cant help me because the account was sold to this CA. It was placed for collection earlier this year and updated 2 months later, still listed as an open account. I have yet to dispute this account, as I have been cleaning up the rest of my report, and decided to leave this for last.

I have googled this CA and have never seen so many complaints about a CA!! I am about to DV them with the address shown my credit reports, should i mention phone calls to the house will be recorded? i really dont have to being in Texas. I havent recieved a phone call from them yet, but want to be prepared with the recorder when they do.

I thought they had to give written notice before they put anything on your credit report, giving you time to validate the debt, I also thought they had to have "initial contact" by phone to send a proper "dunning" letter. Is the lack of written notice a violation?

[Debt Guy]

I thought they had to give written notice before they put anything on your credit report, giving you time to validate the debt,

Nope. There is something in FCRA that requires an OC to give notice before reporting a negative item (which is usually accomplished through the statement and late notice process) -- does not apply to a 3rd party CA.

I also thought they had to have "initial contact" by phone to send a proper "dunning" letter. Is the lack of written notice a violation?

Again, no. There is nothing in the FDCPA that requires the CA to make an initial contact. While it is common that initial contact will be by phone, there is no requirement that the initial contact be explicitly by phone.

In my opinion, reporting on your credit report is not initial contact as defined by the FDCPA. I'm not aware of any FTC Opinion Letter or any case law that says differently. Others might disagree.

[Focus2069]

Ok, so I should just DV them and record all the calls im about to get....?

should I include the fact that I have never recieved any notice about this? or does it matter at all?

[NASCAR_Devil]

Ok, so I should just DV them and record all the calls im about to get....?

should I include the fact that I have never recieved any notice about this? or does it matter at all?

DV them. Since you are in TX all DV's are timely so whether they contacted you or you discovered it on your report, your DV should halt further collection efforts until they validate the debt. They do not have to delete their TL but have to notate it as diputed.