Fair debt collection practices act section 809 b validating debts
and is therefore required to respond to proper debt validation requests.In contrast, the original creditor and its employees are generally not subject to the FDCPA, though they may be regulated by other state and federal laws; including the Fair Credit Reporting Act, which was modified by the Fair and Accurate Credit Transactions Act in 2003.This results from the effort by Congress in drafting the FDCPA to be both explicit and comprehensive, in order to limit the opportunities for debt collectors to evade the underlying legislative intention.Although it may be of only technical interest whether a given act violates one, two, or three sections of the FDCPA, the commentary frequently provides cross references to other applicable sections so that it may serve as a more comprehensive guide for its users.A notice need not offer to identify the original creditor unless the name and address of the original creditor are different from the current creditor.A debt collector’s institution of formal legal action against a consumer (including the filing of a complaint or service of legal papers by an attorney in connection with a lawsuit to collect a debt) or transmission of a notice to a consumer that is required by law as a prerequisite to enforcing a contractual obligation is not a “communication in connection with collection of any debt,” and thus does not confer section G notice-and-validation rights on the consumer.--------------------------------------------------------------- SECOND ISSUE: Where an attorney debt collector institutes legal proceedings against a debtor but has no prior communications with the debtor, are the requirements for the validation of debts set forth in Section 809 of the FDCPA supreme to state law or state court rules that otherwise prohibit the inclusion of the validation notice on court documents? § 1692g(a), provides: (a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing -- (1) the amount of the debt;(2) the name of the creditor to whom the debt is owed; (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector; (4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and (5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. After reviewing state laws and court rules that prohibit validation notices in court documents under a preemption analysis, the Commission concludes that such state legislation is not preempted by the FDCPA. Freedom School advocates and encourages one and all to adhere to, support anddefend all Law which is particularly applicable.
In many cases several different sections or subsections of the FDCPA may apply to a given factual situation.This page explains how debt collectors can notify you and what types of debt validation notice is legal or illegal.If the employer’s debt collection agent gives the required notice, employee debt collectors need not also provide it.The original Act excluded lawyers from the definition of "debt collector" by explicitly exempting from any coverage “any attorney-at-law collecting a debt as an attorney on behalf of and in the name of a client.” The definition of "debt collector" was amended in 1986 to omit the prior exemption for attorneys.A consumer can dispute all or any part of a debt at any time, but only a written request sent within thirty days of receipt of the first written notice of the debt triggers validation rights under the FDCPA.