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I’m trying to find out what rights or recourse a consumer has when a debt collector fails to comply with the section of the Fair Debt Collection Practices Act (FDCPA) that involves US Code Section 1692g. This is the section that requires particular language in the initial collection notice to advise consumers of their right to dispute a debt within 30-days and receive verification of the debt. I recently received a letter from a collection agency that fails to include any language involving my right to dispute the debt. The letter does reflect the name of the original creditor and the amount they claim is owed. According to the FDCPA, 1692g, a debt collector’s initial notice must include language to let a consumer know about their right to dispute the validity of the debt, or any portion thereof, within 30-days from the date the notice was received. They must also include a statement indicating what steps they will take if the consumer disputes the debt within this time period. The collection letter I received states they are withholding further collection efforts for ten-days to allow sufficient time for payment arrangements to be made. If satisfactory arrangements are not made within this time, they said they will consider filing suit against me. There is no mention of my right to dispute the debt whatsoever. They are also asking me to call them to avoid additional expenses (attorneys fees, court costs, etc.) I've found a lot of information about debt collectors' responsibilities under 1692g. I just haven't been able to find anything about what can/will happen to a debt collector if they do not comply with this section. Should I go ahead and respond with a traditional dispute letter with a demand for verification of the debt within the allotted 30-days? I'm a little hesitant in case I do have some recourse and should play my hand a different way. If anyone is familiar with this, I'd be grateful for your input. Thank you!
collection agency closed, letter returned
nic posted a topic in CollectionsI was treated in the emergency room without insurance but received HCAP, basically charity forgiveness. when youre broke but not broke enough for medicaid. It took the hospital over 90 days to approve the "coverage" so the attending physician services billed me. I made them aware I was applying for the HCAP and waiting for approval. the day i received my HCAP approval I got my first collection agency letter. of course they refused to even listen to what I was saying and the physicians group wouldnt even review the HCAP letter despite the hospital showing a zero balance. I understand individual drs can bill separately, they just never even attempted to receive payment under the HCAP before collections. I sent a letter to the agency listed as having the account for debt validation and the letter was returned as attempted-not known- unable to forward. Yelp shows the business as closed and this is the only agency showing ownership of the account on my CR. Any suggestions on what to do next? Not familiar with medical debt, any help is greatly appreciated