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Where does it say.. Verification comes from OC to validate?


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Verification pertains to information and how's it's being reported. This is normally reserved for the CRAs when you dispute something - they have to verify with the OC that the information is correct.

Validation is obtaining proof the debt is valid. This is used for CAs who claim you money. When you DV, they have to obtain the validity of the debt from the OC, and forward it to you.

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Ok, validation, verification..

the law states:

809. Validation of debts

(B) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

so as i understand it, they must obtain verification, (but it does not state where they obtain this verification from) then it becomes validation when it is sent to you.

So to reiterate the question that started this thread. Where does it state they must obtain the verification from the OC?

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So to reiterate the question that started this thread. Where does it state they must obtain the verification from the OC?

Right here

http://www.ftc.gov/os/statutes/fdcpa/letters/wollman.htm

Jeffrey S. Wollman

Vice President and Controller

Retrieval Masters Creditors Bureau, Inc.

1261 Broadway

New York, New York 10001

Dear Mr. Wollman:

This is in response to your letter of February 9, 1993 to David Medine regarding the type of verification required by Section 809(B) of the Fair Debt Collection Practices Act. You ask whether a collection agency for a medical provider will fulfill the requirements of that Section if it produces "an itemized statement of services rendered to a patient on its own computer from information provided by the medical institution . . .” in response to a request for verification of the debt. You also ask who is responsible for mailing the verification to the consumer.

The statute requires that the debt collector obtain verification of the debt and mail it to the consumer (emphasis mine). Because one of the principal purposes of this Section is to help consumers who have been misidentified by the debt collector or who dispute the amount of the debt, it is important that the verification of the identity of the consumer and the amount of the debt be obtained directly from the creditor. Mere itemization of what the debt collector already has does not accomplish this purpose. As stated above, the statute requires the debt collector, not the creditor, to mail the verification to the consumer.

Your interest in writing is appreciated. Please be aware that since this is only the opinion of Commission staff, the Commission itself is not bound by it.

Sincerely,

John F. LeFevre

Attorney

Division of Credit Practices

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