Full media validation

[Sparktan]

Does anyone know if a Full Media Validation is allowed in Illinois?  I checked the Collection Agency Act for Illinois, but I could only find where it stated that only the original creditors name and address is needed for validation.

Thanks,

[guiness56]

The original creditor, address and amount owed is all that is required. 

[RobertEG]

The term "full media validation" has no legal meaning in any federal or state statute. 

The whole issue of what constitutes debt verifiation under FDCPA 809(b) hinges upon the totally vague language of FDCPA 809(b), which simply mandates that the CA must provide "verification of the debt." 
Verifification, under the FDCPA, must include, at a minimum, the amount of the debt, and the name and address of the creditor.  Nothing more than that is explicitly requred under FDCPA 809(b).

Many zealots have exprressed the opinion that verification requires the CA to provide proof of OC documents, prooof of CA contract with the OC, proof of CA bonding in your state, and so on.  That, to me, is almost silly, beause a CA is not responsible for knowledge or disclosure of documents held by another business entity, that being the OC.

If you pursue this approach, then your state version of the federal FDCPA needs to be invoked, as well as any appellant court decisions in your specific jusrisdiction.  Some do impose. either through state statute or legal precedent in some jurisdictions, interpretation of the bare FDCPA language, but if you pursue this, then you need legal representation, for it gets very, very complex.

Message Edited by RobertEG on 02-14-2010 12:16 AM

[Anonymous]

It really depends on whether you are merely requesting a validation, or you are disputing.  If you dispute, then you are entitled to the validation with documents.  But if you are just requesting validation, they technically are only required to send you the name and address of the original creditor.

Section 809. Validation of Debts.  Subsection (a)(4) states that the collection agency must include in their notice of collection 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 the judgement against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector....

Section 809. Validation of Debts.  Subsection (b) states that 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 colelction 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 judgement, or name and address of the original creditor, is mailed tot he consumer by the debt collector......

If the debt belongs to you...then if you can negotiate a PFD, it is your best bet.  If you dispute the debt, then you have the right to obtain documented validation.  However, this would be limited to reasonable proof, not the litany of items many people, as described by Robert, would ask for.  The CA does not have to prove they are legal in your state.  You would have to determine on your own if they are not.

Message Edited by txjohn on 02-14-2010 06:08 AM

[guiness56]

Disputing and DVing are two separate things.  They are only required to give the OC, address and amount of original debt in response to a DV.