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Failing to respond to a Debt Validation Letter while continuing to collect on the debt is a direct violation of the FDCPA. You can report a debt collector's failure to respond to your state's attorney general, the Consumer Financial Protection Bureau (CFPB), or the FTC.
Debt collectors are legally required to send one within five days of first contact. You have within 30 days from receiving a debt validation letter to send a debt verification letter.
It is important to send your debt validation letter via certified mail because: You'll have proof of delivery with a time stamp and the debt collector can never claim gosh, we never received your debt validation request. You'll get their attention because only serious documents are sent via certified mail.
Within five days of first contacting you, debt collectors are required to send you a debt validation letter if they haven't already provided the information verbally. A debt validation letter should include the name of your creditor, how much you supposedly owe, and information on how to dispute the debt.
According to the above FDCPA Section, Debt Validation is defined as the debt collector contacting the original creditor to affirm the debt amount being requested is correct. It is highly doubtful the debt collector ever contacts the original creditor for any debt validation purposes.
Collectors are required by Fair Debt Collection Practices Act to send you a written debt validation notice with information about the debt they're trying to collect. It must be sent within five days of the first contact. The debt validation letter includes: The amount owed.
When asking for proof, remember these tips:Always put your verification request in writing.Ask the debt collector to respond to you in writing.Ask the collector to verify the original amount of the debt that is still owed and any interest, late fees, and collection fees.More items...?
Under the amended FDCPA, if a debt collector is collecting a time-barred debt, the collector must include on the front of the validation notice any time-barred debt disclosure that's required by law.
In dismissing a putative class action under the Fair Debt Collection Practices Act (FDCPA), the Court held that a debt collector may place the validation notice in the body of an email serving as the initial communication with the consumer without having to comply with the Electronic Signatures in Global Commerce Act (
Under the Fair Debt collection Practices Act (FDCPA), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation that is binding on me to pay this debt.