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FDCPA 1692 G: Validating debts

Collection notices by phone, mail or 3rd party can be unsettling and cause some people to panic because they do not know their fair debt collection rights. Bill collectors are required to validate debts before continuing collection efforts according to section G of the FDCPA. This page explains how debt collectors can notify you and what types of debt validation notice is legal or illegal.

    Debt Validation Notice

  1. Collectors must validate debt within 5 days – 1692G(a)
  2. Who must provide validation notice – 1692G(a)1
  3. Only a single notice is required – 1692G(a)2.
  4. Notice forms or letters – 1692G(a)3
  5. Use of alternate debt terminology in notice – 1692G(a)4
  6. Oral notices vs. written notices – 1692G(a)5.
  7. Legal action notice vs. validation notices – 1692G(a)6
  8. When attorneys must provide validation notice – 1692G(a)7
  9. Validation / Proof is required if debt is disputed – 1692G(a)
  10. Collectors must cease collection while debts are disputed – 1692G(b)
  11. Failure to dispute a debt is NOT an admission of liability – 1692G(c).

1. Section 1692G(a) requires a collector, within 5 days of the first communication, to provide the consumer a written notice (if not provided in that communication) containing

(1) the amount of the debt and

(2) the name of the creditor, along with a statement that he will

(3) assume the debt’s validity unless the consumer disputes it within 30 days,

(4) send a verification or copy of the judgment if the consumer timely disputes the debt, and

(5) identify the original creditor on written request.

2. Who must provide notice.

If the employer’s debt collection agent gives the required notice, employee debt collectors need not also provide it. A debt collector’s agent may give the notice, as long as it is clear that the information is being provided on behalf of the debt collector.

3. Single notice required.

The debt collector is not required to provide more than one notice for each debt. A notice need not offer to identify the original creditor unless the name and address of the original creditor are different from the current creditor.

4. Notice Forms

The FDCPA imposes no requirements as to the form, sequence, location, or type size of the notice. However, an illegible notice does not comply with this provision.

5. Alternate terminology.

A debt collector may condense and combine the required disclosures, as long as he provides all required information.

6. Oral notice.

If a debt collector’s first communication with the consumer is oral, he may make the disclosures orally at that time in which case he need not send a written notice.

7. Legal action.

A debt collector’s institution of formal legal action against a consumer (including the filing of a complaint or service of legal papers by an attorney in connection with a lawsuit to collect a debt) or transmission of a notice to a consumer that is required by law as a prerequisite to enforcing a contractual obligation is not a “communication in connection with collection of any debt,” and thus does not confer section G notice-and-validation rights on the consumer.

8. Collection activities by attorneys.

An attorney who regularly attempts to collect debts by means other than litigation, such as writing the consumer demand letters (dunning notices) or calling the consumer on the phone about the obligation (except in response to a consumer’s call to him after suit has been commenced), must provide the required notice, even if a previous debt collector (or creditor) has given such a notice.

9. Effect of including proof with first notice.

A debt collector must verify a disputed debt even if he has included proof of the debt with the first communication, because the section is intended to assist the consumer when a debt collector inadvertently contacts the [53 Fed. Reg. 50109] wrong consumer at the start of his collection efforts.

10. Section 1692G(b) requires that, if the consumer disputes the debt or requests identification of the original creditor in writing, the collector must cease collection efforts until he verifies the debt and mails a response.

11. Section 1692G(c) states that a consumer’s failure to dispute the validity of a debt under this section may not be interpreted by a court as an admission of liability.

1. Pre-notice collection. A debt collector need not cease normal collection activities within the consumer’s 30-day period to give notice of a dispute until he receives a notice from the consumer.

An attorney debt collector may take legal action within 30 days of sending the notice, regardless of whether the consumer disputes the debt.

If the consumer disputes the debt, the attorney may still take legal action but must cease collection efforts until verification is obtained and mailed to the consumer.

A debt collector may report a debt to a credit bureau within the 30-day notice period, before he receives a request for validation or a dispute notice from the consumer.

If your creditors are not validating your debts, submit your information to a FREE* Fair Debt Lawyer by clicking here for a FREE* Fair Debt Case Review or calling toll free 888-FDCPA-LAW. The debt collector may just be liable to you for statutory damages of to $1,000, plus any actual damages suffered, plus attorney fees!

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  1. I disputed the validity of a debt with a collection company they reply back with a letter stating that “We received your dispute regarding the above reference account. As per your request, we will cease all further communication. Our response is a follows: Original creditor: WSU Dept of Pathology and an itemized statement” I still don’t know who the original creditor is? Can I dispute again explaining this asking for an agreement? Two days later after receiving the letter they placed the amount stating I owe on my credit report

  2. I got a collection notice for a debt owed to comcast. I immediately called comcast and they discovered it was an error on their part. I provided the debt collection agency with this information and instead of dropping the collection and acknowledging the bulling error they said they are still going to report the debt to the national credit bureaus unless I pay immediately. How can they do this when Comcast has verified I do not owe any money an the billing error was caused by a mistake on their end???

  3. I received a notice from an attorney, who started the judgment process within the 30 day window of my response back. I have proof that I mailed the reply (certified mail) within the 30 day window after receipt of his first notice, since he represents the Creditor.

    I sent a request asking for a bonefide, verified proof of claim signed by a wet ink signature under penalty and perjury, back in May 2015. He has still to provide that documentation to me, to this day, and has had the judgement awarded and has supenoaed documents that they are demanding I bring in September.

    This of course is in the state of Virginia, which does not have a state Fair Debt Collection Act.

  4. Hi. I sent a debt validation letter to a collection agency/lawyer office. They responded saying that my debt is valid and attached statements from the original creditor.

    Is that sufficient or can I still find it?

  5. What are the statute of limitations for collecting on accounts? My credit report was recently damage for 2012 accounts. They never sent me a letter in attempt to collect yet just reported to as negative on my credit report. Its from Kaisers assigned collections agency.

  6. What are the statute of limitations for collecting on accounts? My credit report was recently damage for 2012 accounts. They never sent me a letter in attempt to collect yet just reported to as negative on my credit report. Its from Kaisers assigned collections agency.

  7. I received a letter from an attorney on behalf of an apartment I vacated >2 years ago stating I owe them $700+. I requested verification, what I received is blurry and illegible. So much so that the total was hand written, but the rest of the documents I can’t make out. What should I do?

  8. Hello. I received a letter from an attorney for collection on a debt from a collection agency. The original creditor number is incomplete (has a lot of X’s and the last 4 numbers of the account). I am sending a validation letter for the account based on the FDCPA. Since the original creditor number is incomplete I doubt if they have the record to validate the debt. I am sending it certified mail with a return receipt request. what if they do not validate the debt. Is it safe to say that they have no case.

    • Good work. Let’s have a look at the letter, your dispute and their reply. Fax to 866 773 6152 or upload to our private case tracker portal, you could be entitled to cash damages. Free case review, no obligation. We emailed you, please call or reply.

  9. I live in California. I saw a doctor and was not happy with the service. Both my insurance company and I paid our portions for the visits and he has been paid in full. He has now reported me to a collection agency for missed office visit appointments. I paid him for his service and let him know I was unhappy and would not be returning. He is trying to bill me for future visits that I obviously did not come to. I never signed any form acknowledging any extra fees. Is this right?

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