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CFPB Small Entity Compliance Guide for Debt Collection Rule v1.0

  • Written by Steel Rose

Section 809(a) of the FDCPA requires a debt collector to send a consumer a written notice containing the following information:
 The amount of the debt;
 The name of the creditor to whom the debt is owed;
 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;
 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
 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.
The debt collector must provide this written notice, sometimes referred to as a validation notice, within five days after the debt collector’s initial communication with the consumer, unless the debt collector included the information in its initial communication, or the consumer has paid the debt. For information about initial communications, see Section 11.1.
Additionally, section 809(b) of the FDCPA requires debt collectors to take certain actions and to refrain from taking certain actions if a consumer either disputes the debt in writing or requests the name and address of the original creditor in writing during the thirty-day period after the consumer receives the validation notice. In turn, FDCPA section 809(c) states that a consumer’s failure to dispute a debt may not be construed by any court as an admission of liability.

To read the rule click here