This process is called debt validation. Thus, what exactly constitutes proper validation of a debt depends on the specific nature of the dispute. The Act spells out specific language which must be included in the first written notice to the consumer, most notably that the consumer has 30 days to dispute the debt and request validation. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antemeridian and before 9 o'clock postmeridian, local time at the consumer's location; 2 if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or 3 at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication. Exemption for State regulation The Bureau shall by regulation exempt from the requirements of this subchapter any class of debt collection practices within any State if the Bureau determines that under the law of that State that class of debt collection practices is subject to requirements substantially similar to those imposed by this subchapter, and that there is adequate provision for enforcement. In addition, each report of the Bureau shall include its assessment of the extent to which compliance with this subchapter is being achieved and a summary of the enforcement actions taken by the Bureau under section l of this title. In addition to its powers under any provision of law specifically referred to in subsection b of this section, each of the agencies referred to in that subsection may exercise, for the purpose of enforcing compliance with any requirement imposed under this subchapter any other authority conferred on it by law, except as provided in subsection d of this section. Legislative History House Report: You should note that even suing you at this stage is illegal they have to validate the debt before they can sue you. Furnishing certain deceptive forms a It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. Our attorneys will protect your rights aggressively and help you through every step of the debt validation process. Difficulty in defining what constitutes debt validation[ edit ] The FDCPA does not define what constitutes proper debt validation, and the issue has not been fully resolved by the courts. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy. There is no deadline for the debt collector to provide a response to the request for validation. When can a consumer dispute a debt or request validation?
Section Validation of debts lays down the guidelines for conduct pertaining to the debt validation process. If the first communication is by letter, that letter might already include the debt validation notice; otherwise, you should soon get another letter including the notice. Harassment or abuse A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. However, a debt collector must cease all attempts to collect the debt until they have sent a sufficient response. Section 3 has been renumbered as Section a 3. This notice should be in writing letting you know you have the right to dispute the validity of the debt within 30 days. In , the Ninth Circuit Court of Appeals adopted the "reasonable standard" articulated in Chaudhry. When can a consumer dispute a debt or request validation? Legislative History House Report: All of the functions and powers of the Federal Trade Commission under the Federal Trade Commission Act are available to the Federal Trade Commission to enforce compliance by any person with this subchapter, irrespective of whether that person is engaged in commerce or meets any other jurisdictional tests under the Federal Trade Commission Act, including the power to enforce the provisions of this subchapter, in the same manner as if the violation had been a violation of a Federal Trade Commission trade regulation rule. Verification that you owe the debt and the amount of the debt needs to include documentation from original creditor however, it is the debt collector who sends it to you. What if the debt collector does not respond? Reports to Congress by the Bureau; views of other Federal agencies a Not later than one year after the effective date of this subchapter and at one-year intervals thereafter, the Bureau shall make reports to the Congress concerning the administration of its functions under this subchapter, including such recommendations as the Bureau deems necessary or appropriate. Furnishing certain deceptive forms a It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. Such charges include, but are not limited to, collect telephone calls and telegram fees. This issue was not resolved until , when the Supreme Court determined that the FDCPA applies to any attorneys who regularly engage in debt collection activity, even if it includes litigation. In the leading case of Chaudhry v. Under the Fair Debt Collection Practices Act , any person or entity, including lawyers, who regularly attempts to collect consumer debts is considered a debt collector. After receiving your dispute, the debt collector cannot contact you until it has provided you with the requested information. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy. In addition, each report of the Bureau shall include its assessment of the extent to which compliance with this subchapter is being achieved and a summary of the enforcement actions taken by the Bureau under section l of this title. Congressional findings and declarations of purpose a Abusive practices There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. The Collector's Response After receiving your dispute, the collection agency must send you proof that it owns or has been assigned the debt by the original creditor. Difficulty in defining what constitutes debt validation[ edit ] The FDCPA does not define what constitutes proper debt validation, and the issue has not been fully resolved by the courts. False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. If such notice from the consumer is made by mail, notification shall be complete upon receipt.
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