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Debt Collection Validation Notice, a Quick Look

A debt collector is expected to give debtors specific details about the debt they are attempting to collect when they first get in touch with the debtor.
The Fair Debt Collection Practices Act (FDCPA) was clarified by the CFPB’s Debt Collection Rule, which went into effect on November 30, 2021.
According to the CFPB’s debt collection rule, debt collectors must give the debtor specific information when they first contact them or shortly thereafter (generally within 5 days). It is referred to as a validation notification when the debt collector sends this necessary information electronically or in writing. The validation notification is intended to assist the debtor in determining whether the debt is theirs and in challenging it if it is not. In general, the notice must contain:

  •  A declaration that the message is coming from a debt collector
  • The consumer’s name and address, as well as the debt collector’s
  • The title of the creditor that is responsible for the loan
  • The list of creditors may include more than one.
  • The reference number for the debt account (if any)
  • The “itemization date” is the day on which the itemization of the current amount of the debt takes place and includes interest, fees, payments, and credits.
  •  The debt’s current amount as of the time the validation data is submitted.
  • Information about the consumer’s legal options for debt collection, including statements that:
    • The debt collector will assume the debt is valid if the debtor fails to dispute it within 30 days.
    • If the claim is disputed in writing within 30 days, the debt collector must halt collection efforts until it can verify the debt.
    • The debt collector will give the name and address of the original creditor (if they are different from the current creditor) if asked for it within 30 days.
    • Details on how to contest the debt
  •  A “tear-off” form to use to contest the debt or take other action must be included with the notice.

 

 

Marcadis Singer, PA
5104 South Westshore Blvd.,
Tampa, Florida.
Phone: (813) 288-1881

 

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