Under the Fair Debt Collection Practices Actany person or entity, including lawyers, who regularly attempts to collect consumer debts is considered a debt collector  and is therefore required to respond to proper debt validation requests.
In contrast, the original creditor and its employees are generally not subject to the FDCPA, though they may be regulated by other state and laws; including Validating a debt with collection agency Fair Credit Reporting Actwhich was modified by the Fair and Accurate Credit Transactions Act in This issue was not resolved untilwhen the Supreme Court determined that the FDCPA applies to any attorneys who regularly engage in debt collection activity, even if it includes litigation.
A consumer can dispute all or any part of a debt at any time,
Validating a debt with collection agency only a written request sent within thirty days of receipt of the first written notice of the debt triggers validation rights under the FDCPA.
Thus, there is no time limit for providing the required verification or other information, just that the collector must collection until it provides the required information.
The FDCPA does not define what constitutes proper debt validation, and the issue has not been fully resolved by the courts. In the leading case of Chaudhry Validating a debt with collection agency. Gallerizzothe Fourth Circuit Court of Appeals adopted a relatively low standard: Validating a debt with collection agency advocates have criticized the Chaudhry and Clark cases as setting too low a legal standard for Validating a debt with collection agency and allowing debt collectors to justify providing little information in response to a dispute.
There is no deadline for the debt collector to provide a response to the request for validation. However, a debt Validating a debt with collection agency must cease all attempts to collect the debt until they have sent a sufficient response. If a consumer makes a timely request for debt validation and a debt collector fails to provide proper validation or does not respond at all, the debt collector may not legally continue to pursue the debt.
From Wikipedia, the free encyclopedia.
This article is about debt validation under the Fair Debt Collection Act. JenkinsU. GallerizzoF.