akins503 Posted November 2, 2007 Report Share Posted November 2, 2007 I received dunning letter from MCM 9/24/07. DV'd immediately. The letter stated please see reverse side for important info. This is where they state you have 30 days to dispute etc. My question is - Is this legal to put this info on the reverse side? I can see how someone may miss this if they didn't read the letter carefully.Just CuriousThanks Link to comment Share on other sites More sharing options...
lolah Posted November 2, 2007 Report Share Posted November 2, 2007 I received dunning letter from MCM 9/24/07. DV'd immediately. The letter stated please see reverse side for important info. This is where they state you have 30 days to dispute etc. My question is - Is this legal to put this info on the reverse side? I can see how someone may miss this if they didn't read the letter carefully.Just CuriousThanksI am no expert, but I would guess it IS legal. Especially because they TELL you to see the reverse side for important info. JMHO. Link to comment Share on other sites More sharing options...
Textoy Posted November 2, 2007 Report Share Posted November 2, 2007 I do not remember where I read it, but no it is not legal. Was buried inside some case info. Hopefully I can find it. Link to comment Share on other sites More sharing options...
flycouture Posted November 2, 2007 Report Share Posted November 2, 2007 I have read cases where the court found that putting that info on back could be confusing to the average consumer. It would lead someone to believe that the info on front ( pay me now) is more important than the federal and state notice on the back. I would see if I have them on any other violations and include it in my claim. Link to comment Share on other sites More sharing options...
akins503 Posted November 2, 2007 Author Report Share Posted November 2, 2007 I do not remember where I read it, but no it is not legal. Was buried inside some case info. Hopefully I can find it.I also thought I saw something at one time that mentioned a similar situation but can't find it. Link to comment Share on other sites More sharing options...
Textoy Posted November 2, 2007 Report Share Posted November 2, 2007 I think it will depend on the context in which the information is conveyed. If something like: If you do not dispute this claim (see reverse side) and wish to pay it within the next 10 days we will not post this collection to your file.Where (see reverse side) is the 30 day warning, then it has been deemed by some courts as misleading when applying the least sophisticated consumer rule. It comes down to how the information is conveyed. It would help anyone trying to answer your question if you posted a santitized copy of it. Link to comment Share on other sites More sharing options...
merkurfan Posted November 3, 2007 Report Share Posted November 3, 2007 To the FDCPA we go...(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.It does not say that it has to be on the front of the letter. Some state laws trump this. However, it can be confusing and that leaves it up to the judges. Link to comment Share on other sites More sharing options...
flycouture Posted November 3, 2007 Report Share Posted November 3, 2007 Go to the law library where you live. Read usc title 15 -- commerce and trade. There are many cases where putting that notice on the back is overshadowing your consumer rights. Judges have found that the average consumer would be confused or think the pay now is what must be done.You can shepard the cases and see that they have not been overturned. You can also see how many times throughout the us the cases have been cited. Do your homework, the cases are out there! I've read the entire book but didn't bookmark, sorry! Link to comment Share on other sites More sharing options...
nascar Posted November 3, 2007 Report Share Posted November 3, 2007 The letter stated please see reverse side for important info. ... Is this legal to put this info on the reverse side? I can see how someone may miss this if they didn't read the letter carefully.You're not going to get anywhere with this. I've included a typical court response to your question below.When a prominent instruction in the body of the letter warns that there is important information on the reverse side, a reasonable reader, even if unsophisticated, would turn the paper over and read the back. So long as nothing on the front of the letter overshadows or contradicts the validation notice, the FDCPA does not require the notice to be printed on the front. McStay v. I.C. Systems, 308 F.3d 188 (C.A.2, 2002) Link to comment Share on other sites More sharing options...
akins503 Posted November 4, 2007 Author Report Share Posted November 4, 2007 You're not going to get anywhere with this. I've included a typical court response to your question below.That answers that.Thanks Link to comment Share on other sites More sharing options...
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