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FDCPA Amendments in 2006

Recovering Attorney

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  • 5 months later...

Title VIII: Fair Debt Collection Practices Act Amendments - (Sec. 801) Amends the Fair Debt Collection Practices Act (FDCPA) to exempt from federal regulatory oversight certain bad check enforcement programs operated by private entities under state regulatory oversight, if they meet specified requirements.

(Sec. 802) Revises the requirement that a debt collector, within five days after its initial communication with a consumer in connection with the collection of any debt, send the consumer a certain notice about the debt and its presumptive validation if no dispute is received within 30 days.

Excludes from treatment as an initial communication, subject to such five-day deadline, any formal legal pleadings in a civil action and certain unrelated notices under the Internal Revenue Code, the Gramm-Leach-Bliley Act, or any federal or state law relating to notice of a data security breach or privacy.

Allows collection activities and communications that do not violate the FDCPA to continue during the 30-day period in which the consumer has to right to dispute a debt. Prohibits such collection activities and communications from overshadowing or being inconsistent with the disclosure of the consumer's right to dispute the debt or request the name and address of the original creditor.

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