This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. However according to case law the Fair Debt Collections Practices Act does not define what constitutes proper debt validation, and different courts have reached different conclusions as to what is required from a debt collector. In 2006, the Ninth Circuit Court of Appeals adopted the "reasonable standard" articulated in Chaudhry.where an attorney debt collector institutes legal proceedings against a debtor but has no prior communications with the debtor, are the requirements for the validation of debts set forth in Section 809 of the Fair Debt Collections Practices Act supreme to state law or state court rules that otherwise prohibit the inclusion of the validation notice on court documents? At a minimum, the debt collector is required to confirm with the creditor the amount being claimed is correct and that the person from whom they are attempting to collect the debt is the person who owes it. 1999), the Fourth Circuit Court of Appeals adopts a relatively low standard: "Verification of a debt involves nothing more than the debt collector confirming in writing that the amount being demanded is what the creditor is claiming is owed; the debt collector is not required to keep detailed files of the alleged debt." The Court further stated that a request for validation of the debt is primarily intended to eliminate such problems as collectors contacting the wrong person or attempting to collect debts which have already been paid. See: Federal Trade Commission Opinion Letter on Validation Thus, what exactly constitutes proper validation of a debt depends on the specific nature of the dispute.However, failure by the consumer to dispute the debt during this thirty day period does not constitute a legal admission of the debt.Contact the credit bureaus, and tell them that the creditors did not verify the debts under the FDCPA, and send copies of your proof.It is crucial to contact each creditor before contacting the credit reporting agencies, or filing a lawsuit.
As a public service, the staff of the Federal Trade Commission (FTC) has prepared the following complete text of the Fair Debt Collection Practices Act §§ 1692-1692p. (7) The term "location information" means a consumer's place of abode and his telephone number at such place, or his place of employment. It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].If they haven't sent you satisfactory proof, send a copy of your receipt for your registered mail, a copy of the first letter you sent and a statement that they have not complied with the FDCPA and are now in violation of the act.Tell them they need to immediately remove the collection listing from your credit report or you are going to file a lawsuit on the basis of defamation, and violation of the FDCPA, section 809 (b).5.Make sure you state that the collection agency did not respond to your request for debt validation.12.