Debt Validation FDCPA §809. No 5 Day Letter

[Anonymous]

§ 809.  Validation of debts

https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-...

I have a prior employer who sent me an email stating I owed them a debt.  Per 809. I never received any written notice within fives days after initial communication.  I asked them for a mailing address in which I could send a debt validation letter and they stated the team that works with this is located in India, and there is no mailing address, "everything is electronic".  I'm sure they intend to send this to a collection agency, but considering the 809 law what can I do to stop them?

I have read all about sending Validation letters etc, but if they fail to even send the initial letter about the debt what are my options to prevent them from sending it to collections.  Any help would be appreciated. 

[RobertEG]

The Fair Debt Collection Practices Act applies only to debt collectors, and not to original creditors.

The DV process under section 809 does not apply to original creditors.

You can always write to or contact a creditor and request information regarding validation of a debt, but such a request does not impose any of the provisions of the FDCPA debt validation process, such as a cease collection bar.

They are entitled to send the debt to a debt collector at any time of their choosing, and the debt collector is then permitted to report their collection to the CRA.  A debt collector can choose to report their collection prior to sending the collection ("dunning") notice referenced in FDCPA 809(a).   

You can prevent referal to a debt collector by paying the debt before the creditor makes any such assignment of collection authority.

[Anonymous]

Robert,
Thank you for your reply. I did find the language where it separates creditors from debt collectors. So the original creditors don't have the same requirements as debt collectors? Do they have any? Is there anything simular to FDCP I can leverage. It would seem strange that an OC would not have any requirements in their debt collection processes. Again thank you.

[RobertEG]

When you establish an account with an original creditor, you sign documents that place into force terms of your account agreement with them, which are regulated under various state and federal statutes, such as the Truth in Lending Act.

Additionally, if a revolving account, the CARD Act and Fair Credit Billing Act set billing statement requirements verifying the current amount of the consumer's debt,

Those account documents and regular billing statements collectively constitute ongoing verification of the current debt and its basis.

You dont have a contract with a debt collector, and they dont send regular billing statements.

The FDCPA thus provides consumers the right to separately request that they investigate and verify the basis for debts upon which they are conducting collection.