FDCPA Questions

[TryingVeryHard]

I spoke to a collection agency on JANUARY 18, 2010. I understand that within five days of that initial communication, the CA is obligate to notify me of my rights of my rights as afforded to me by law, i.e.:

809.  Validation of debts   [15 USC 1692g]

(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.

My question are the following:

(1) If I send them a DV on the THIRD DAY of their INITIAL COMMUNICATION, a  Cease and Desist, are they still obligated to send me a notice of my rights to dispute the debt in writing, and that upon written request, they have to send me the name and contact information of the creditor?

(2) If my DV letter contains a limited cease and desist provision, can they say that they are no longer obligated to provide me a DV because, I already instructed them to cease and desist from communicating with me?

[llecs]

1) IMO, yes, they still have to send a dunning letter, though I bet it would get crossed in the mail.

2) IMO, after receipt of your DV, if sent within 30 days of their dunning (or 30 days from your conversation with them using the above scenario), then the next communication from them must either be a validation per 809, a letter saying they are in receipt of the DV and are working on it, or a letter saying they are no longer going to collect. IMO, they can't send you a response saying they won't respond because of your C&D. If they do, then look at the botton of their letter. By law they have to tell you that this is communication from a debt collector and that this is an attempt to collect a debt. If so, then they broke the law by trying to collect without verifying. Again, my 2 cents (hit by inflation probably).

[RobertEG]

It appears that they provided you dunning notice orally.  A mistake on your part for even talking to them, but oral notice is official dunning notice.

So, no, you cant require notice in writing if it was given to you orally.  They recorded your conversation.

Dont talk to them again on the phone, ever.

So, now, make sure you DV them within 30-days of any advisement of your initial notuce of your dunning rights.

What that does is to simply require then to cease all active collection activity, short of legal action, until such time as they choose to respond.

But that is only limited action to block collection activity until such time as they respond and verify/validate the debt by simply giving you the amount of the debt and the name and address of the original creditor.

If you want a full cease and desist with the CA that extends beyound the DV process, send them this:

"This is written notice under FDCPA 805(c) that you are to cease all commmunications with me regarding the collection of the alleged debt, as of the date of your receipt of this letter.  That includes any writtten, telephonic, or email communication with me.

"This notice also extends to any and all communication with any third party, as set forth under FDCPA 805(b).

"Of course, any notification of total dismissal of your collection activity will be accepted at any time, as will any validation of debt requested by me under the debt validation process set forth in FDCPA 809(b)."

Message Edited by RobertEG on 01-26-2010 02:39 PM

[TryingVeryHard]

I have carefully documented their failure to notify me of my rights. If they have recorded our conversation, it will be an adverse evidence against them for it does not contain anything to indicate their notification of my rights or any notice that the conversation was being record or my permission was even asked.

[llecs]

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TryingVeryHard wrote:

I have carefully documented their failure to notify me of my rights. If they have recorded our conversation, it will be an adverse evidence against them for it does not contain anything to indicate their notification of my rights or any notice that the conversation was being record or my permission was even asked.

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YMMV based on state law. Here's an older list:

http://www.rcfp.org/taping/