Experian Credit Reporting Consumers
2010
Is it legal for a collection agency to report to a bureau an unpaid bill without contacting the consumer first?
I have a collection showing up on my credit report that was just posted for services I may or may not have received two years ago by a hospital. Problem is I never received a bill from the hospital, but I recently applied for a Parent Plus loan for my son’s college tuition and was denied because a collection agency provided this information to the Experian. I never received anything from the hospital or the collection agency. If I had received a bill I certainly would have contacted the hospital or the agency to validate it. But nothing, never received a bill. How can I get this off my credit report?
they are not supposed to do that but there is nothing you can do about it.
The collection agency should have sent you a dunning letter giving you the chance to dispute the debt before listing it on you credit report. If you dispute on the initial 30 days they must cease all collection activity until they provide verification, Reporting is considered by the courts a collection activity when it comes to collectors.
They do it anyway because they know that there is no way for you to prove that they did not send the dunning letter.
I would recommend you to send them a dispute letter under FCRA 623(b) disputing their reporting, it’s way more effective than disputing under the FDCPA, see the text at
http://www.bcrconsulting.us/html/LAW/title15_consumer_credit_protection/fair-credit-reporting-act.html#623b
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