In the event that a consumer has never received a collection letter from a collection agency, a collection entry (also known as "tradeline" or "TL") on a consumer's credit report can be considered an "initial communication" triggering a consumer's right to request validation under 1692g(b). While some courts have ruled that reporting to credit reporting agencies is a "communication" as defined by 1692a(2), the term "communication" means "the conveying of information regarding a debt directly or indirectly to any person through any medium." To date, no court has ruled that reporting to credit reporting agencies is an "initial communication." Some courts have ruled that an entry found on a credit report does NOT constitute an "initial communication." Listed below are some court cases addressing this very topic.
Robinson v. TSYS Total Debt Management, Inc. Dist. Court, D. Maryland, 2006
"The above allegations identify two candidates for the 'initial communication' that is required to trigger 15 U.S.C. § 1692g.[6] The first candidate, when Defendant communicated the debt to Plaintiffs credit report, cannot support a claim under the FDCPA because it is not a communication with a consumer. See 15 U.S.C. § 1692g(a) (identifying 'initial communication' as with a consumer in connection with the collection of any debt)."
Pretlow v. AFNI, Inc. WD Virginia, 2008
"Plaintiffs have not alleged that they received any communications from Defendant which would form the basis of a debt validation claim. Their claim is based, rather, on communications between Defendant and certain credit reporting agencies. Section 1692g is therefore inapplicable on the facts pled."
Toth v. Cavalry Portfolio Services, LLC. Dist. Court, D. Nevada, 2013
"As it is undisputed that no notice was provided, the only question remaining is whether Defendant had an "initial communication" with Plaintiff, the consumer[1]. Plaintiff argues that Defendant communicated with Plaintiff 'using the credit reporting bureaus as a vehicle' (#9; 4:8-9). In other words, Plaintiff argues that by reporting Plaintiff's past-due account to the credit reporting agencies, Defendant communicated with Plaintiff via those agencies."
"Because Defendant never had an 'initial communication' with Plaintiff, Plaintiff has failed to state a claim upon which relief can be granted."
Berberyan v. Asset Acceptance, LLC, Dist. Court, CD California, 2013
"In opposition, plaintiff argues that defendant 'communicated' with her through its alleged reporting of a debt that appeared on her credit report, but plaintiff offers no authority that supports such an expansive reading of the term 'communicated.' Opp'n at 6. Defendant must do something more than allegedly place notice of a disputed debt on plaintiff's credit report to trigger its disclosure duties."
Gonzalez v. Midland Funding, LLC, Dist. Court, ND Texas, 2013
"Plaintiff fails to allege any facts that can show there was ever an initial communication by defendants to plaintiff, and does not allege that he responded to any such communication within a thirty-day period. It appears that plaintiff may believe that his unsolicited letter demanding validation from defendants qualifies as an initial communication under § 1692g; however, the initial communication is an attempt by the debt collector to collect a debt, not an attempt by a consumer to challenge a debt."
Williams v. LVNV Funding, LLC, Dist. Court, D. Colorado, 2014
"Plaintiff attempts to argue that 'the reporting [to the credit agencies] of the account the first time would be an initial communication' - however, the Court is not persuaded by self-serving statements lacking any supporting authority."
Perry v. Trident Asset Management, LLC, Dist. Court, ED Missouri, 2015
"However, the crux of the dispute here is not whether reporting debt is a 'communication' or 'debt collection activity' - 'but rather whether it is a 'communication with a consumer' that triggers § 1692g(a)'s validation notice requirements. Plaintiff cites no cases finding that reporting to a credit agency is a communication with a consumer, and the Court has found none."
Danehy v. Jaggee & Asher, LLP, Dist. Court, North Carolina, 2015
"Accessing a consumer report does not constitute an initial communication with a consumer as contemplated by § 1692g(a). Without knowledge as to when, or if, plaintiff would request his consumer report, defendant J&A could not have intended to communicate with plaintiff indirectly through TransUnion."