Rec'd settlement offer one week after requesting DV

[LtdUser]

Does this mean the CA is going to ignore my DV request? Also, I thought the CA was supposed to stop all collection activity until tey provided me with a response.

[BV80]

Some questions:

Since you said CA, I'm assuming you are being contacted by a collection agency and not by the original creditor. The FDCPA does not apply to OCs. Some states have their own collection laws that do apply to OCs, though.

Did you send the DV letter by certified mail? If so, did you get the green card back to prove they received your letter?

According to the FDCPA, if you request DV within 30 days of their first communication, they are supposed to cease collection activity until they have validated. I think sending a settlement letter is considered continued collection activity. But, if you didn't send it by CMRRR, they could say they never got your DV letter.

[LtdUser]

Some questions:

Since you said CA, I'm assuming you are being contacted by a collection agency and not by the original creditor. The FDCPA does not apply to OCs. Some states have their own collection laws that do apply to OCs, though.

Yes I was contacted by NCO.

Did you send the DV letter by certified mail? If so, did you get the green card back to prove they received your letter?

Yes I mailed DV letter CMRRR and got the green card back several days later. The settlement offer letter arrived approx one week after the card.

[Recovering Attorney]

Depending on the language in the settlement letter, you may have them on a violation, if only slight. I would follow up reminding them of your timely dv request and that you consider their action to violate the fdcpa. You migh tfind NCO then vanishes