When you find D&A Services on your credit report, it’s like someone invited an uninvited houseguest to come and live with you.
They’ve made camp on your credit report and now you need to know what their evidence is for the debt they’re claiming you owe them.
The truth is, most collection agencies don’t have the records they need to verify the debts they’re collecting on. In fact, according to a study done by U.S. PIRGs, 79% of credit reports contain errors or inaccuracies. This fact alone should make you question whether or not the information D&A Services has placed on your credit report is accurate, or even valid.
Before you even think about sending them a single penny, you need to know more about this company and what their process is.
About D&A Services
D&A Services, LLC is a third-party debt collection agency that is currently located just outside of Chicago. Here is their contact information:
Business Name: D&A Services, LLC (formerly known as Dynia & Associates)
Contact Address: 1400 E. Touhy Ave., Suite G2, Des Plaines, IL 60018
Contact Phone Number: (847) 656-5703
Years in Business: April 2006 (19 years old)
Licensed In: California (#10485-99), NMLS #1002061, plus Connecticut, Maryland, Nevada, New York City, North Carolina, and Tennessee
In addition to their headquarters in Illinois, D&A Services also has locations in Houston, TX and Clearwater, FL. They changed their name from Dynia & Associates to D&A Services in 2015.
Consumer Reviews & Complaints
While D&A Services is an accredited company through the Better Business Bureau and currently maintains an A+ rating, that’s not the whole story. When you read through the 29 complaints filed against the company in the past three years, you start to get a different picture of how they operate. Most of the consumer reviews for the company average just 1-star out of 5 stars.
That’s a pretty stark difference between their official rating and the reality of the situation. This should tell you that something fishy is going on here.
In 2016 alone, the Consumer Financial Protection Bureau received 36 closed complaints regarding Dynia & Associates. Additionally, the company has been the target of multiple class action lawsuits over their collection practices. These aren’t isolated incidents. They are clear examples of a pattern of behavior from this collection agency.
Just one complaint filed with the Better Business Bureau in April 2024 reads:
“They call me constantly. Like up to 40 times a day from different numbers. I keep telling them the same thing and they keep harassing. They are to Cease and Desist immediately.”
This is exactly why you should never deal directly with a collection agency.
The Documentation Dilemma
What the Collector Needs to Verify the Debt
When a debt collector like D&A Services places a debt on your credit report, they are essentially making a claim that you owe a debt. According to the Fair Credit Reporting Act (FCRA), the burden to prove the validity of that claim falls squarely on their shoulders. This isn’t a technicality. It’s a matter of law and your consumer rights.
In order to verify a debt, D&A Services will need to provide documentation that proves the original creditor’s name, the original account number, a copy of your payment history, the date the account first became delinquent, and proof of ownership if the debt has been sold. If they don’t have these records, then the information they’ve placed on your credit report is nothing more than unsubstantiated data.
Here’s the thing: when the original creditor charges off a debt and sells it to a debt buyer, rarely is the full documentation of the account included in the transaction. Instead, the debt is usually part of a package of thousands of other similar debts, all of which are sold for pennies on the dollar.
What is a Charge-Off?
If D&A Services is collecting on a debt you supposedly owe them, it’s likely that the original creditor has already written off the account as a loss. This means they’ve already taken a tax deduction for the uncollectable account and moved on.
The debt buyer, in this case D&A Services, probably purchased your debt for between 4 and 14 cents on the dollar, depending on the type of debt it is. If a debt buyer pays $110 for a $1,000 debt, they have a pretty good incentive to collect as much money as possible, even if that means not properly verifying the account records.
The reality of this situation is that the debt buyer often doesn’t have access to the original, signed copy of the contract, the full account records, or proof of ownership for the debt. They bought a line on a spreadsheet, nothing more. This is the chink in their armor that you can exploit to your advantage.
Why You Shouldn’t Pay First
The Problem with Paying Off a Collection
One of the biggest misconceptions consumers have about paying off a collection is that once the debt is paid, the record of the debt will be removed from their credit report. Nothing could be further from the truth.
When you pay a collection account, the status of that account is updated to show it as paid, but that doesn’t mean the account is removed from your credit report. You still have the negative mark for the full term that the item is allowed to remain on your report, as calculated from the original date of delinquency.
If the original creditor charged off your debt and placed it in collections seven years ago, paying the account today won’t start the clock over. You’ll still have two years with the account remaining on your credit report, and you’ll be out the money you just paid them.
Additionally, depending on your state’s laws regarding the statute of limitations on collecting debts, you may inadvertently renew the timeframe in which a debt collector can sue you over the debt. If the clock ran out in a year, by making a payment or even acknowledging you owe the debt, you may have just given them another seven years to drag you to court over it.
Disputing is the Smarter Move
The advantage of disputing the debt and forcing D&A Services to verify the debt is that you don’t have to pay them a thing, and you might just get the negative mark removed from your credit report altogether. Under federal law, when you dispute the information on your credit report, the credit reporting agency must investigate and the data furnisher (the debt collector, in this case) must verify the information. If they can’t verify, they have to remove it.
In general, credit reporting agencies tend to side with the consumer when debt collectors can’t verify the debt within the allotted timeframe for the investigation. After all, the credit reporting agencies don’t have a vested interest in helping debt collectors, and they themselves are liable if they allow inaccurate information to remain on your credit report. If the verification process fails, the likely outcome is that the information will be deleted from your report.
In fact, D&A Services has already been the target of multiple federal lawsuits over their policies and procedures in this area. In 2018 alone, class action suits were filed in both New York and Wisconsin alleging that the company’s collection letters were confusing as to the amount of the debt that was owed. If they’re having issues complying with federal regulations on something as simple as a collection letter, you can bet they’re having issues in other areas as well.
Protecting Yourself During the Process
Managing Collector Contact
When your phone rings and you don’t recognize the number, it’s best to send it to voicemail. D&A Services has been known to call consumers 40 times a day from different phone numbers. You’re not going to resolve anything by answering the phone.
In a May 2024 BBB complaint, the consumer stated, “They call my work phone even though I have never opened an account under that number. They interrupt meetings. I have told them repeatedly that it is illegal in my state to call people at work for personal business matters. They don’t seem to care.” The calls are meant to keep you on your toes.
It’s best to avoid speaking directly with the collector and instead to work with someone who knows how to dispute collection accounts and hold them accountable through the proper legal channels. Every time you speak with a collector, you’re giving them an opportunity to get information from you or coerce you into a decision you don’t want to make.
Controlling Information Flow
All information should flow one way: from the collector to you. Never from you to them. Any information you provide to D&A Services can be used against you. Even if you simply confirm your identity, address or employment information, you’re giving them more ammunition than they might have otherwise.
According to court records, D&A Services has reached out to consumers’ family members and HR departments when attempting to collect a debt. In one instance, the company paid a settlement of $4,800 after contacting a consumer’s HR department at work three times regarding wage garnishment. The less you share with D&A Services, the better.
A credit repair expert knows exactly what information to request from a collector and how to dispute anything that’s inaccurate without opening you up to the whims of the collector. They serve as an intermediary between you and the collection agency to ensure that everything that’s communicated is in your best interest.
The Legal Framework Working in Your Favor
FDCPA Violations and Your Rights
The FDCPA offers you a number of protections that D&A Services has allegedly violated. According to federal court records, the company has violated the law a number of times. For example, Section 1692e(4) of the FDCPA prohibits debt collectors from threatening to take any action that cannot legally be taken. According to federal court records, D&A Services has made that threat.
In December 2015, a federal complaint was filed in the Northern District of Georgia against D&A Services after the company threatened a consumer with imprisonment. The complaint alleged that D&A Services violated FDCPA Section 1692e(4) and also made illegal robocalls. The consumer was seeking $1,000 in statutory damages and other damages related to the calls.
Debt collection is a civil issue. You cannot go to jail for failing to pay a debt.
That’s just one example of how D&A Services has violated FDCPA law. When a debt collector has a history of issues with FDCPA, you have to question whether it’s following the law in other areas, including data accuracy and credit reporting.
FCRA Protections and Verification Requirements
Under the FCRA, everything on your credit report must be 100 percent accurate, complete and verifiable. When you dispute a D&A Services debt, the collector is required to investigate and respond within a specific period of time. The law requires the collector to verify the debt. It’s not enough for the collector to simply confirm that yes, D&A Services reported it.
In 2023, a case called Deutsch v. D&A Services was heard by the Third Circuit Court of Appeals. The lawsuit claimed that the language that D&A Services used in its validation notice was confusing.
Specifically, the lawsuit claimed that the company’s communication about the consumer’s dispute rights was not clear. When a debt collector faces an appellate lawsuit over the clarity of its validation notices, you have to wonder whether its internal documentation is clear.
To verify a debt, a collector must provide documentation. It’s not enough for the collector to simply confirm the information in its database. If D&A Services cannot produce the original contract with your signature, a copy of the original debt with your signature or a complete history of everything you’ve paid on the account, it cannot verify the debt. If the collector cannot verify a credit reporting entry, the FCRA says it must be removed from your report.
Taking Strategic Action
The Professional Advantage
When you attempt to manage a debt collection situation on your own, you’re at a disadvantage. The collector works with debt every day. Most people only deal with debt collection issues every so often. This information gap is what the debt collection industry relies on. That’s why working with a professional may help level the playing field.
Credit repair professionals know exactly what documentation a collector needs to verify a debt and exactly how to dispute the collector’s response if it’s not adequate. They know which questions to ask and which deadlines to monitor. They know when to escalate and how. This is how professionals are able to secure better outcomes for their clients.
According to federal court records, D&A Services has paid settlements to consumers, including $4,800 and $6,200, when consumers were represented by professionals. These outcomes show that when collectors are faced with organized, strategic disputes, they’d rather settle than litigate. Professional representation gives consumers leverage they often can’t achieve on their own.
Understanding the Timeline
A collection account can only be reported on your credit report for seven years from the date you first missed a payment with the original creditor. This timeline applies no matter what D&A Services does with the debt. Whether the company sells the debt to someone else, attempts to sue you or continues to attempt to collect it, the clock continues to run.
It’s essential that you understand this timeline because it may impact the way you approach the account. You may not need to address an account the same way when it’s six years old as when it’s one year old. A professional advisor can help you evaluate each account and make a plan.
The goal is to avoid doing anything that will help the collector’s case while at the same time doing everything you can to dispute the debt. Remember that time is on your side if you don’t inadvertently start a clock or provide information that will allow a collector to continue pursuing you.
Conclusion
D&A Services has been the subject of a number of federal lawsuits, regulatory complaints and settlements that point to a pattern of overly aggressive debt collection practices and compliance issues. Its 29 complaints with the BBB over the past three years, 1-star rating from consumers and history of FDCPA lawsuits should provide you with some insight into how the company operates.
If you have a debt from D&A Services on your credit report, that doesn’t mean you have to accept it and pay it. You can dispute the account, protect your information and avoid contacting the collector directly. That’s how you’ll have the best chance of successfully disputing any debt that the collector cannot verify. The debt buying industry is notorious for a lack of documentation, so this issue may play to your advantage.
Remember that credit reports are riddled with errors, debt collectors often do not have the proper documentation to verify a debt and paying a collection account does not mean it will be removed from your report. In order to report a credit account on your report, a collector needs extensive paperwork and proof. Many times, debt collectors don’t have the burden of proof needed if they are properly disputed.
Call to Action
If you have a credit report with D&A Services on it, don’t try to handle the situation on your own. Between the issues that D&A Services has in complying with federal regulations and the complexity of credit report disputes, it’s essential that you have professional help.
At FightCollections.com, we specialize in disputing collection accounts.
Contact us at FightCollections.com today for a free consultation. We’ll take a look at your credit report and talk to you about your options. We know what documentation collectors need to verify a debt, and we know how to dispute those that fail to meet verification standards.
Take the first step today toward getting the debt collectors out of your credit report if they cannot prove their claims.
