Validation question

Farming it out to another CA while under a DV letter is considered continuing collections activity.

Sorry for the brevity, but I'm on the way out the door.

I'm going to guess your dealing with lvnv funding llc or CACH LLC

good guess!

Determine if it is farmed out or if it has been sold..if it is LVNV they prolly farmed it out..they did this to me. Send a letter to the new CA informing them that the particular account is already under dispute, then send a copy of that letter and a new letter to the first CA informing them of the violation and reminding them that they may not continue to collect until they properly validate.

Bast, I'm going to take a guess here and say since it is either CACH or LVNV it's been farmed. They are both notorious for doing that. Neither one actually performs collection activity for the most part.

hi again iwish--

the answer to your question depends entirely on the status of ownership of the debt. If the CA you sent the validation request to still owns it, and has merely contracted with another CA to collect it on their behalf, then yes it is continued collection and that means it is a violation of the fdcpa.

However, if the debt is sold to another CA, then no, it is not. The law requires each specific CA to be bound by DV requests, but only by the ones that are sent specifically to them. A CA that buys the debt is not under obligation to abide by any DV requests made to the previous CA. Just remember, the difference is in who owns the debt.

Some CA's arent that bright. For example, I sent a DV letter to RJM Acquisitions regarding a debt they sent me a letter about. I never heard one more word from them. But I recently got a letter from "Island National Group", which clearly states "RJM has hired Island National Group LLC to collect this account." That is a direct violation of the validation statute in the FDCPA.