Mandatory Debt Collection Disclosures

Under the Fair Debt Collection Practices Act, everty time a collector communicates with a consumer by letter or phone while attempting to collect a consumer debt, they must diclose the following:

  • This is an attempt to collect a debt. Any information obtained will be used for that purpose. This communication if from a debt collector.

When a debt collection agency issues an initial collection letter, also known as a dunning letter, they must include the above disclosure in addition to a disclosure that conforms with:

  • Unless you notify debt collector within thirty days after receiving this letter that your client disputes the validity of this debt or any portion thereof, debt collector will assume this debt is valid. If you notify debt collector in writing within thirty days from receiving this notice that you dispute the validity of this debt, or any portion thereof, debt collector will obtain verification of the debt or a copy of a judgment, if applicable, and mail you a copy of such verification or judgment. If you or your client request it from debt collector in writing within thirty days after receiving this notice, debt collector will provide you with the name and address of the original creditor, if different from the current creditor.

Debt Validation Letter

The debt validation disclosure is very important as it give notice to the borrower of their right to dispute all, or part, of the debt. When a consumer asserts their rights by sending a debt validation demand letter (DVL), the collector must cease all collection attempts until they respond to the validation request. If the collector fails to respond to the request to validate the debt and subsequently continues collection attempts, they may be liable for damages under the FDCPA.

Need Help Disputing A Debt?

We generally don't recommend that our client's pay a debt if they have a genuine concern as to the validity of the balance. This holds especially true with debt buyer accounts, however, it can also be applicable to original creditors. Contact us for a free evaluation. We can help you determine your rights and options, dispute your debts with a validation letter, and pursue recovery for any eggregious debt collection violations.

Learn how we can help. Call 888.301.0584 today to request your free initial evaluation.

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New York Debt Collection Defense Attorney

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New York Debt Collection Defense Attorney
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