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FDCPA Question

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Anonymous
Not applicable

FDCPA Question

I was just reading a copy of the FDCPA found here
 
 My question is concerning this particular section:
 

§ 809. Validation of debts

(a) Within five days after the initial communication with a

consumer in connection with the collection of any debt,

a debt collector shall, unless the following information is

contained in the initial communication or the consumer has

paid the debt, send the consumer a written notice containing—

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days

     after receipt of the notice, disputes the validity of the

     debt, or any portion thereof, the debt will be assumed

     to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector

      in writing within the thirty-day period that the

      debt, or any portion thereof, is disputed, the debt collector

      will obtain verification of the debt or a copy of

       a judgment against the consumer and a copy of such

       verification or judgment will be mailed to the consumer

        by the debt collector; and

(5) a statement that, upon the consumer’s written request

     within the thirty-day period, the debt collector will

      provide the consumer with the name and address of the

      original creditor, if different from the current creditor

I personally have never recieved any such notification from a debt collector. Do they have to send this info CMRRR or regular mail? If by regular mail, how do they prove receipt by the Debtor? Also who's to say the info was ever sent and not just dumped in the file and said to have been. I swear the more I read the more confused I become Smiley Sad

Message 1 of 3
2 REPLIES 2
Anonymous
Not applicable

Re: FDCPA Question

yes that is what it says - but you made my arguments for the 'other side'.  They can't "prove' they did, and who is to sa that your 'first knowledge' wasn't when you saw your CR/  My one med collection occured when I was beginning treatment for hypothyroid (which has known associated memeory issues) - shall we dance on that one Mr CA?
Message 2 of 3
TryingVeryHard
Frequent Contributor

Re: FDCPA Question

Maybe someone should file a case just to get a declaratory relief.
 
Congress should be punished for not making this thing very clear.
Message 3 of 3
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