BTO429

Can a CA report to your CR before they dunn you.

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I have a ca on my cr that has never called or tried to collect, that I know of. They just hit my report last Aug.

It Also says terms 1 month, I never agreed to pay them in any way.

Now I think this is for an old collection an an AT&T account. I paid this with the OC the restore my service.

Not sure what to do with this one.

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I also just realized after talking to my wife that the phone number on my CR is a number that has been calling several times daily for several weeks. Of course I don't answer numbers i do not know so I have never talked to them.

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Have they pulled your CR yet? They may not have the correct address to dunn you if you have moved sinse you had that contract with AT&T.

And yes, they have to send a dunning letter within 5 days for posting to your CR, but it may have went to a previous address. I may be wrong but I believe that reporting to your CR is deamed "communication".

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I dont see where they have pulled my CR just reported and under terms it says one month.

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And yes, they have to send a dunning letter within 5 days for posting to your CR, but it may have went to a previous address. I may be wrong but I believe that reporting to your CR is deamed "communication".

I disagree with this. I don't think reporting to a CRA meets this definition of "communication."

ยง 803. Definitions [15 USC 1692a]

As used in this title --

...

2) The term "communication" means the conveying of information regarding a debt directly or indirectly to any person through any medium.

I would say that no information has been conveyed to any person. Information has been conveyed to the CRA, yes, but not to the consumer.

But that's only my humble opinion. If there is case law or and FDC opinion to the contrary, I would love to see it.

Regards,

DH

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FTC Opinions re: FDCPA: http://www.ftc.gov/os/statutes/fdcpa/letters.shtm

FTC Opinions re: FCRA: http://www.ftc.gov/os/statutes/fcra/index.shtm

Reporting to one's CR is indeed a communication, but IS NOT a communication as defined by the FDCPA in relation to a consumer. As far as I can see it, DH is correct.

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what I am arguing about is the fact they report terms as one month when I never agreed to pay them.

Nor have they sent me a dunn.

i just wanna know if they can report with out sending a dunn.

I think the fact that they have terms as one month is a violation also as I never agreed to any terms with them.

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terms at "one month" ... I see what you're saying with that but I don't see any violation here. "revolving" would possibly be a violation since you can't have a true revolving account with a collection agency. The fact that you never agreed to pay them doesn't matter with regard to how they report.

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