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Debt collection notices and debt notifications must comply with the FDCPA

Debt collection notices and other debt notifications, including ]debt collection verification notices, must follow the rules outlined in the Fair Debt Collection Practices Act (FDCPA).

Debt Collection Notices

Section 809 of the FDCPA covers notifications and validation of debt and requires that debt collectors obtain verification of the debt and mail it to you when you dispute a debt. The principal purpose of this Section is to help consumers who have been mis-identified by the debt collector or who dispute the amount of the debt, it is important that the verification of the identity of the consumer and the amount of the debt be obtained directly from the creditor. Mere itemization of what the debt collector already has does not accomplish this purpose.

This section requires a collector, within 5 days of the first communication, to provide you a written notice containing: (if not provided in the first communication) the amount of the debt; and the name of the creditor, along with a statement that he will: assume the debt’s validity unless you (the consumer) disputes it within 30 days, send a verification or copy of the judgment if the consumer timely disputes the debt, and identify the original creditor upon written request.

WARNING! If a debt collector’s first communication with the consumer is oral, he may make the above disclosures orally during this initial conversation and therefore avoid the requirement to send a written notice. However, if you beleive the debt to be invalid, orally dispute it and demand the collector send the proper debt notification required by the FDCPA.

Section 805 covers communication rules and outlines who can be called, how often and when debt collectors must stop calling you.

confidential informationThere may be instances where discussing your situation over a public forum could potentially compromise your interests. On these occasions we will contact you directly via email in order to answer your inquiry in a confidential manner.

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