Under the new California Fair Debt Buying Practices Act, a debt buyer cannot take collection actions against you unless it has the following account information:
- your account balance when the creditor charged off your debt
- the amount of interest and fees added afterthe charge-off
- the date of the last payment you made or the default date
- the charge-off creditor’s name
- the account number of the charge-off debt
- your name and address that was on file with the charge-off creditor
- the names of every entity that ever purchased your debt, and
- a copy of your contract with the original creditor.
Under the Fair Debt Buying Practices Act, a debt buyer must notify you that you are entitled to receive this same information.
Thus, the consumer can request that the debt collector provide the required information.
To ensure that the consumer is aware of their right to request this information, the debt buyer must include this language in the first letter it sends you:
"You may request records showing the following: (1) that [insert name of debt buyer] has the right to seek collection of the debt; (2) the debt balance, including an explanation of any interest charges and additional fees; (3) the date of default or the date of the last payment; (4) the name of the charge-off creditor and the account number associated with the debt; (5) the name and last known address of the debtor as it appeared in the charge-off creditor’s or debt buyer’s records prior to the sale of the debt, as appropriate; and (6) the names of all persons or entities that have purchased the debt. You may also request from us a copy of the contract or other document evidencing your agreement to the debt. A request for these records may be addressed to: [insert debt buyer’s active mailing address and email address, if applicable]."
