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Validation Letter Ignored - Portfolio Recovery

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Legendary Contributor

Re: Validation Letter Ignored - Portfolio Recovery

I would agree with your assumption that if the attorney provided dunning notice, then they are considered a debt collector under the FDCPA, and you thus have the right to request debt validation. If sent within 30 days of dunning notice, then yes, it imposes a cease collection bar.

However, that does not preclude filing of a civil action if validation is provided with or prior to the filing.

 

While some appellate jurisdictions do have precedent that interprets filing of a civil action to be a collection activity that is covered under FDCPA 809(b), that is not the case in all appellate circuits.  Additionally, validation could be accepted by the court at time of filing of the civil action without violation of section 809(b).

I would not simply assert a general prohibition against filing of a civil action after a timely DV request.  It is not a general interpretation via case law precedent in all circuits, and has never been decided by the U.S.Supreme Court.  It will likely require legal interpretation, which should be obtained from your attorney.

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