@ccgal16 wrote:
@RobertEG wrote:The debt validation process does not establish any periof for, or even any requirement to, provide anything.
The purpose of the DV process, as set forth in FDCPA 809 and its legislative history, was to provide a reprieve to consumers from continued collection activities (e.g., calls and letters) after a debt collector initiates collection activities by providing the consumer the ability, within a 30-day window after initial contact, to contest the debt and ask for verification, and thus imposing a cease collection bar on the debt collector that remains in force until such time as the debt collector chooses to send the requested verification.
If your DV is untimely (i.e., not sent within the 30-day window), it does not even impose a cease collection bar, and can be ignored.
If the DV is timely, it does not establish any period for or requirement to respond.
If/when the debt collector responds to a timely DV, FDCPA 809 does not mandate that they provide proof to support their statement of verification, and binding case law in most jurisdictions holds that documentary evidence is not a required part of adequate debt validation.
However, if you take the position that a given response is inadequate based on lackof proof, that means you are asserting tht they remain under the cease collection bar, the same as if no response had been provided.
Violation occurs not because they responded in what you consider to be an inadequate verification, but only if/when they then renew collection activities without having first met the verification mandate of section 809(b).
So you're saying if they call me, for example, at this point, they are then in violation? I just want to make sure I understand. After requesting proof, and then receiving their letter, I received a call a few days ago. I didnt answer, but I googled the phone number and the collection agency came up. It's been on my credit for awhile and is not due to drop off until 2023. @RobertEG
If I completely misunderstood, my apologies. I'm running off of three hours of sleep and no coffee.
They're only in violation when you request validation within 30 days of their initial notice, which was most likely via a letter. At any other time, they're not even required to respond, let alone cease collection efforts.
