All here is a question that was emailed to me from Amy C:
I have two collectors calling my cell. One collector has been calling me for 9 months, the other has been calling about 3 months. I have never talked
to them, they never leave a message. I have never received a dunning letter from either… don’t know who the original creditor is.
Are they required under FDCPA to send a dunning letter within five days of first contact?
First of all, in case you dont know, a dunning letter is a fancy way of saying collection letter.
Yes, the collector must send you a letter after they call. This is clearly laid out in the FDCPA (§ 1692 g). It is also spelled out in the subsequent subsections what must be included in their written correspondence. Since you did not get a letter at all, the collectors violated all of these:
§ 1692 g(a)(1) Must state Amount of Debt
§ 1692 g(a)(2) Must state Name of Creditor to Whom Debt Owed
§ 1692 g(a)(3) Must state Right to Dispute within 30 Days
§ 1692 g(a)(5) Must state Will Provide Name and Address of original Creditor if Different from Current Creditor
Hope that helps clarify the FDCPA. Also consider violations of the TCPA since they called you. I bet you can find something there as well.
Fight your good fight, Boiler Williams