It should be noted that the request must be IN WRITING for the FDCPA protections to kick in. For the 7th Circuit, Posner wrote sample language he guaranteed would pass muster for collectors to use. The FDCPA requires the collection agency to stop collection activity until the information is provided to the debtor. The statute language, as I recall, merely requires that the collection agency be notified within 30 days, without specificity, though as I recall the courts interpret that as 30 days from receipt, as the FDCPA is intended to protect consumers and making it 30 days from the date of the letter would invite abuse. In terms of validating the debt, if the creditor has not filed an action yet, the creditor can request a validation. When the FDCPA and your state’s
statute which usually mirrors federal language.
Related posts: