shaneIrish Posted January 3, 2005 Report Share Posted January 3, 2005 Is a phone message considered an initial communication in relation to the the FDCPA?:§ 809. Validation of debts [15 USC 1692g](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. ( 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. © The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. § 810. Multiple debts [15 USC 1692h]If any consumer owes multiple debts and makes any single payment to any debt collector with respect to such debts, such debt collector may not apply such payment to any debt which is disputed by the consumer and, where applicable, shall apply such payment in accordance with the consumer's directions. Link to comment Share on other sites More sharing options...
Guest Posted January 3, 2005 Report Share Posted January 3, 2005 Yes a phone call is considered first communication. Finding an entry on your credit report can be considered first contact as well ... although its a little tricky-ier to deal withNow within 5 days from the date of their call they must send you something in writing givinv you your mini miranda about disputing the debt.It has to be postmarked within 5 days.. not GET to you in those 5 days.Make sese?Hope this helps. Link to comment Share on other sites More sharing options...
shaneIrish Posted January 3, 2005 Author Report Share Posted January 3, 2005 Thanks..By the way I see you are in Buffalo, I am in Lockport. Link to comment Share on other sites More sharing options...
Guest Posted January 3, 2005 Report Share Posted January 3, 2005 Well we are damn near neighbors aren't weI am actually in Kenmore NY.. but Buffalo city limits are like 6 streets away LOLHow about those Bills yesterdayGRRRRRRRR Link to comment Share on other sites More sharing options...
shaneIrish Posted January 3, 2005 Author Report Share Posted January 3, 2005 My sister lives in Kenmore.Bills stink! Link to comment Share on other sites More sharing options...
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