Reboot Your Life: Tampa Student Loan and Bankruptcy Attorney Blog
Absolutely yes. But admittedly, the bar is pretty low for the creditor pre-litigation to satisfy their obligation.
The Fair Debt Collection Practices Act (“FDCPA”) provides that a debt collector’s initial written communication to the consumer MUST effectively convey the following information:
- Amount of the debt;
- Name of the entity to whom the debt is now owed;
- The 1692(g) notice.
This written communication must be sent within five days after the first collection phone call. A creditor does not have to prove receipt by the consumer, it only needs to show a business record of having sent the notice.
The consumer must request – in writing – validation of the debt within 30 days of receiving the initial collection letter. If not, the collector has no obligation to produce the information requested.
The letter must state under 1692(g) that the consumer has the right to dispute the validity of the debt. If any of these requirements are not met, the consumer likely has a basis for a wrongful collections lawsuit.
For further information, please see our Creditor Harassment page on our website or contact us below for a free consultation.
