I would like to know the answer too. Anyone here know what is the right answer to your question. I'll do some poking around and get back to you if I find an useful answer. You should email the people at Discover Card as they probably could give you an answer..

Yes, I got the letter from them on 12.2.2009, and send my answer on 12.17.2009 with CMRR..

I've sent validation letter, asking them to provide the information that they has a right to collect the debt from me..

Ok, they do not have to respond.. but if they do not validate within certain time (30 days, right?) I could ask for removal of the information from my credit file?..

The.

Fair Debt Collection Preactices Act 809 15 USC 1692g.

States:.

Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing€”.

(1) the amount of the debt;.

(2) the name of the creditor to whom the debt is owed;.

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;.

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and.

(5) a statement that, upon the consumer€™s written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor..

(.

If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector..

Collection activities and communications that do not otherwise violate this title may continue during the 30-day period referred to in subsection (a) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor..

Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer€™s right to dispute the debt or request the name and address of the original creditor..

[Simplified and from my understanding - This means that if you respond to their first letter within 30 days by both disputing the debt and asking for debt validation than the collection agency can not report your debt to ther CRA's or try to collect the debt from you until they provide you with debt validaton. It does not mean that they have to remove what is reported, however if they do not you can dispute the debt with the CRA and the collection agency will than either be forced to send you validation before replying to the CRA, allow deletion of the debt, or break the law and validate the debt with the CRA anyway.].

©.

The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer..

[This means that if you did not respond to their initial letter in 30 days the collection agency can not use this failure to dispute as an admittance of guilt in a court of law - remember that even past the SoL they can sue you, they just do not have a legal leg to stand on if you dispute it].

(d) A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection (a)..

(e) The sending or delivery of any form or notice which does not relate to the collection of a debt and is expressly required by the Internal Revenue Code of 1986, title V of Gramm-Leach-Bliley Act, or any provision of Federal or State law relating to notice of data security breach or privacy, or any regulation prescribed under any such provision of law, shall not be treated as an initial communication in connection with debt collection for purposes of this section..

So basically what does this mean?.

If you were responding from an initial letter the collection agency sent to you and that response was both made within 30 days of the initial communication and contained not only your request for debt validation but a notice of dispute or specifically a request for the name.

And.

Address of the original creditor than the collection agency would be required to stop reporting on the debt until your request is fullfilled..

This would allow you to start a CRA dispute -.

This.

Would initiate a 30 day timer for the collection agency to fulfill your request or allow the CRA to delete..

However - if you are not responding to the collection agencies initial communication than it becomes open to less defined means of interpretation. Subsection b specifically states that the.

If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or ....

Refering to the initial communication. Well what constitutes initial communication, this article defines what does not constitues initial communication but it does not specifically identify what does constitute initial communication. Does a letter sent to the wrong address that you never received constitute communication? The FDCPA defines the term €œcommunication€? as meaning the conveying of information regarding a debt directly or indirectly.

To.

Any person through any medium. If you never received it was it truly conveyed? What if a valid effort was made to send this communication to you by the CA? If they did not receive any response should they not assume that the communication was a failure?.

I believe that many CA's may take their chances either in court with this or with the odds that you will never take them to court, while others may still try to complete this task within the 30 day window and even allow the CRA to delete if they fail to comply..

Hope this helps - and if anyone else wants to chime in feel free..

As Lynn said, there's no requirement for them to respond, ever. Only that they cease collections if you send DV request within the first 30 days of the dunning..

If you do that, they must cease collections until they provide DV..

If they dont validate, there's nothing there to MAKE them delete. Now is a great time for a CRA dispute. (1-2 punch)...

Publishing a collection account to the CRAs is a collection activity so they do have to delete. making them comply with the law is another thing. Definitely dispute with CRA and if it doesn't delete then complain the AG's office. This is a violation so in theory if the tradeline doesn't delete then you can sue the CA...

It is kind of hard to answer your question without knowing what kind of letter you sent.,But I will try to help you..

Bear in mind, CA's do NOT have to answer your request for validation at all..

Now If you sent your request within the 30 day window, They cannot try to collect the debt until they answer your DV..

Hope that helps..