Richard J Bourdeau/LVNV Funding

It might be a case but as long as they are not being explicit that they are trying to collect on the account and no dunning letter of collection arrives it would be hard to prove the violation.

Thank you SC. Should I send a DV to RJ Bourdeau and Assoc. anyway? I got their address from the phone number tracing, or just wait until she gets a letter from them, if she ever does.

rj bourdeau is part of lvnv.they are as big a bottomfeeder as lvnv.yes send them a DV letter as well.as usual send it certified mail return receipt.lvnv is an ultimate jdb bottomfeeding scum.

Thank you both for your responses, I really appreciate it. You all on this site do such wonderful things. I have learned so much over the years that has helped me and my famly deal with so much crap, we have been able to keep our heads together and above water due to ya'lls help. You have helped me to help others also, by learning what I have learned and to know where to look for things has helped me to keep others from being sued and to fight JDB's. You have helped with debt collectors and mortgage help. I so much appreciate it.
I already have a DV ready to mail out today(CMRR). I have also sent everything to my lawyer to see if he will go ahead and help my mother also on this. He has been great with fighting our mortage company, he sued them for us. They kept trying to force us to carry flood insurance thats not required where I live, they started foreclosure proceedings against us for not carrying it and billed us $3000 for force placed insurance. They continuely ignored our lawyer and homeowners insurance that sent them FEMA paperwork repeatedly stating that we dont need flood insurance. We dealt with this fight for over 6 months and got tired of the crap and he got fed up with them and he went ahead and sued them for it. I love my lawyer, he cost me an arm and a leg but he is worth it.
Thank you for everything you guys do for people.

LVNV will fold if you have a good paper trail. I sued lvnv and we settled with them paying me. Keep all your documentation and if you need to, sue the pants off them!

hang on a minute here....

First things first, you dont even know why they are calling. If you send them a DV letter, what account would you be sending it for if you dont know why they are calling? Suppose someone has stolen your mother's identity and they are calling about a different account? My point is this--you need to know what they are calling for FIRST, before you send them a letter saying "I dispute this debt". Think about it--how can you dispute the debt if you dont even know what the debt is?

Your best bet would be to call them, identify yourself, inform them that they are calling you and you wish to know the reason for the constant calls. If you let us know the state you live in, we can find out if you can record this call without their consent or not. Once they identify the debt they are calling about, say something like this:

"OK, now that I know the reason for your calls, I will be waiting for the initial dunning letter that federal law required you to send me within five days of your initial contact. Since you did not send that letter, you are in violation of the FDCPA as it is....now, I'll be waiting for that letter to show up in my mailbox, and until it does, there isnt anything more for you and me to discuss. We'll talk some more once that letter gets here. Good day."

--and HANG UP. Seriously. Once you know what debt they are calling about, you can then send the DV letter out. But dont send it without knowing--imagine how this sounds....

"I dont know what debt youre calling about, but whatever debt it is, I dispute it, because it isnt mine...."

I thought they were calling about a bank of america account?

LVNV and Resurgent were calling about the BoA account. Look at what the OP said about Boudreau:

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Sorry, I should have said how I figured what they were collecting for. We pulled her credit report and they are on there for BOA. BOA is the only credit account she had when my father died in 07, and the problems started then. When he died their money was frozen for awhile and when she got the money back and insurance payout she paid off and closed the account-including all the late fees from when she had no access to their money during the time it was frozen and couldnt make her payments. Six months later they send her a statement saying she owes over $300 more dollars, she fought them with her previous statments showing 0 balance and closed account. They said ok removed the charges and sent a new letter reflecting closed account and 0 balance. Then in 08 started getting collection notices from LVNV and the rest. Thought I took care of it with them and the DV's. Now it starts with RJ Bourdeau.
We cant talk to them even if we try, when they call it only rings two to three times and as soon as you say hello they hang up. I try to answer it to get info, but they hang up. The few times it doesnt hang up-it goes directly to a message "please hold we have an important matter to discuss with you" then left continuely on hold and then disconnected, I sat there on hold for 45 minutes last week hoping someone would pick up so I could talk to them-I pretend to be her, with her right there with me-she cannot handle the stress, her heart cant handle it.
Thats how I figured what they want from her. So, I am sending the DV and papework showing its BOA's problem. Were waiting to hear back from my lawyer as to whether he will take this on too for me.
Like I said before, You guys are awesome. Thank you so much for all the help you have given me and others in these situations. THANK YOU

I understand what you two are saying, but from a strictly legal point of view, it is not feasible to dispute a debt when you have not even verified FOR CERTAIN that they are calling about that debt. Paul, I know exactly what youre saying, and I knew it before it was posted, but like I said, until it is known that they are calling about that same debt, it is a waste of time. In fact, it is more than a waste of time--think about it......

1--they call and hang up.....so you never speak to them
2--you dispute a specific debt with them, without them even speaking with you at all
3--they can then claim, "how did she know to dispute that specific debt, since we have never told her thats why we're calling??" and try to use that as proof that since you already knew about the debt you must owe it.
4--this can and WILL open you up for more harassment in the future from LVNV's minions. Thats how they operate

Guys, I am thinking purely from a common-sense angle here. I would send them a certified letter explaining their constant calls, their refusal to pick up the phone when you call them back, and the complete lack of any information as to why they keep calling you day after day. I would then request that they at least honor the law enough to send out the initial dunning letter that should have been sent forever ago, so that you may have the opportunity to know why they keep calling your home. You ALWAYS need to act in a manner that will aid you in legal proceedings with a company like LVNV because they love to break laws. That way, you dont end up shooting yourself in the foot later.

I must have been channeling skydivr yesterday, because I got to thinking after I typed my response yesterday and have done exactly what you said. I went ahead and sent them a CMRR letter listing all the dates and times of their calls and all the times and dates I tried to contact them for her, asking them info as to why they are calling constantly with no messages left and hanging up as soon as we answer the phone. I asked them to send a letter explaining what are they calling for. Thank you for saying what I started to think about yesterday, I guess I did the right thing then. I already have the DV ready for whenever we get anything from them for her to send out. It has to be this BOA mess, cause she has no other credit accounts, hasnt had any for 20 years or more, my parents payed cash for everything, they just had this one credit card for emergencies only. She lives with me and owns nothing, not even a car. Their mortgage was paid off over 25 years ago and she sold the house when my dad died. There is nothing else on her credit report, its actually basically empty because she has nothing and never had anything except 1 credit card and the mortage and shes hasnt worked a job since she was in high school back in the 50's. So, its the only thing it could be, but I channeled you yesterday evidently and did what you suggested today.
Thank you very much for everything. I will let you know if I ever find out what this is about.

Hi Lisa--

Believe me, I understand and agree that its probably the BoA account they are calling about too, but think about this--what if someone is using your mom's identity? What if this is just a case of mistaken identity? Do not rely on what is on the credit report, for many reasons. For one thing, one of the two scenarios I just posted could be the case. For another, they could be calling about a debt thats too old for them to report on a credit report, so it wouldnt be on there anyways. There are just too many possibilities still at this point, so your letter was the right move. Sure, it probably is the BoA account, but best to make sure you arent dealing with a bigger issue, like identity theft.