Re: What counts as debt validation
11-29-2012 01:54 PM
What constitutes adequate debt verification has only one definitive answer. It is what a judge determines if you contest it.
FDCPA 809(b) is a vague, and thus hotly contested, statute that does not define what verification is other than requiring the debt collector to obtain it.
When statutory language is vague, ultimate intepretation is left to the courts.
Most courts have supported the intepretation that all that is required is that they conduct some investigation, and thus obtain a basis for considering the debt as valid. A simple statement to the consumer is, in that general interpretation, all that is required. Under that interpretation, their sending of an account document was more than is required.
There are some judges who have interpreted the statute to require supporting documentation. If you get before him or her, you may get a more restrictive requirement.
But that requires litigation.
In my opinionm they have provided verification. However, be mindful that failure to have provided what you consider adequate verification is not, in and of itself, a violation of anything. Violation would occur if and when the initiate collection activities when you consider them to still be under a cease collection bar.
If you contest it, you can either file a dispute, initiate an identity theft process, or bring your own legal action. If you are willing to put your assertion of account not authorized by me into a sworn police report, my suggestion would be to implement and identity theft process, which permits you to obtain instant blocking of the disputed account from your credit report.