BTO429 Posted November 9, 2012 Report Posted November 9, 2012 I am working on suit with convergent,,,They have never sent me a dunn letter nor have they called....but they have placed a tl on my cr on a debt that is 12 years old. I c&d them. a month later they they hit my cr.Need some case law that says a tl placed on your cr is a communication, and an attempt to collect. They are arguing that a tl is not an attempt nor is it a communication. I had a bunch of case law on this but I cant find it...what a time to loose it.
BV80 Posted November 10, 2012 Report Posted November 10, 2012 I don't believe there is any case that states reporting to a CRA can be considered an initial communication that triggers the 30 day notice.However, I have one right now that states reporting to a CRA is a communication. Unfortunately, I don't have anything from the 7th Circuit.The statute's definition of communication is broad: "the conveying of information regarding a debt directly or indirectly to any person through any medium." 15 U.S.C. § 1692a(2). It cannot be doubted that Defendant's monthly reports to Equifax were communications. Purnell v. ARROW FINANCIAL SERVICES, LLC, Dist. Court, ED Michigan 2007.
BTO429 Posted November 10, 2012 Author Report Posted November 10, 2012 I remeber this one I am pretty sure I had...but now I am sure I do. lol
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