creditsamurai

What counts as initial communication between a CA and a debtor?

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2 hours ago, creditsamurai said:

Can I send a validation letter?

Sure but they are not required to respond because the trade line is not communication directly with you.

2 hours ago, creditsamurai said:

It seems like there isn't agreement in the legal community about the definition of initial communication.  

There isn't agreement if the trade line is collection activity.  The Federal Courts are divided on the issue and until it is challenged to SCOTUS and they take the case and issue a ruling it will remain that way.

Most courts agree that communication with a consumer is either a collection letter or a phone call.  Though in the digital age emails are now being considered communication as well.

2 hours ago, creditsamurai said:

I haven't received a letter from them.

Nothing requires they contact you at all before reporting.

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3 hours ago, creditsamurai said:

I recently discovered a tradeline from a CA on my EQ report. I haven't received a letter from them.  I called today(recorded it) to inquire about it. Can I send a validation letter? It seems like there isn't agreement in the legal community about the definition of initial communication.  

@Clydesmomis correct that an entry on your credit report is not an initial communication that triggers your right to demand validation.

In regard to your call to them, in Carlin v. Davidson Fink, LLP, the 2nd Circuit Court of Appeals ruled that a communication initiated by a consumer is not an initial communication.   I don't believe the DC Circuit has ruled on the issue. 

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