Looking for a link to laws
Date: Tue, 09/12/2006 - 17:06
Can someone tell me where I can find this law, or these - er, clauses (? I'm not sure if clauses is the right word) which are shown below? I've found section 809 online, the original laws, but have not been able to find Title VIII, etc, except on this website, and want to make sure I'm reading the original law, not someone's interpretation of the law - Sheesh, this is hard to put into words, so please ask if I'm not making sense.
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http://www.debtconsolidationcare.com/validation.html
debt validation Law: The Fair Debt Collection Practices Act (fdcpa) 1996 amendment included Consumer Credit Protection Act to prohibit abusive practices by debt collectors. Title VIII, sec. 809 of this act gives legal recognition to Debt validation. The law states that debt Collectors are bound to issue a written notice within the first 5 days of initial communication with a consumer for debt collection, specifying the following:
•Specific amount of debt along with the name of the Creditor.
•A statement that if the consumer dispute the validity of the debt within 30 days of receiving the notice, the collector will assume the debt to be valid.
•A statement that the debt collector will obtain verification of the debt or a copy of judgment against the consumer in case of debt dispute.
•A statement that consumer will be provided with the name and address of the original creditor, if different from the current creditor, on written request by the consumer within 30 days.
•A statement that the communication is from a debt collector attempting to collect debt and that information obtained will not be used for any other purpose than this.
•A proof that they are assigned to collect the debt by a creditor.
•Detailed payment history, starting with the original creditor.
•Copy of the original signed debt agreement or credit card application.
•Agreement with any of your clients that grants you the authority to collect on this alleged debt.
Restrictions on Debt Collectors: Debt Collectors are not allowed to do the following before providing with Debt Validation:
•Collect debt
•Contact the consumer about debt
•Report under FCRA (Fair Credit Reporting Act). Violation of this can however take away $1,000 as penalty from the collector. So go ahead and exercise your rights. And pay debts only when it's yours.
ok, let me reword this, as I've thought about it a little more.
ok, let me reword this, as I've thought about it a little more.
Can anyone send me a link to the unabridged fdcpa with complete sections, amendments, titles, clauses, additions, etc etc etc?
Here you go... see if you get the info you are looking for in th
Here you go... see if you get the info you are looking for in this link about fdcpa
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm
thank, IncredibleHelp, for your help. I've already found that,
thank, IncredibleHelp, for your help. I've already found that, what you linked me to, butI was looking for
anything that was more indepth, if such a thing existed.
I read this on this forum:
debt validation Law: The Fair Debt Collection Practices Act (fdcpa) 1996 amendment included Consumer Credit Protection Act to prohibit abusive practices by debt collectors. Title VIII, sec. 809 of this act gives legal recognition to Debt validation. The law states that debt Collectors are bound to issue a written notice within the first 5 days of initial communication with a consumer for debt collection, specifying the following:
found here:
http://www.debtconsolidationcare.com/validation.html
which went into more detail than I saw in the FDCPA, as far as what a collection agency actually has to do to verify a debt. Some of the things listed were:
???????A proof that they are assigned to collect the debt by a creditor.
???????Detailed payment history, starting with the original creditor.
and other things. I was trying to find the actual law that states these things. Section 809 doesn't go into that much detail.
Opps, sorry, that was me in the last message I forgot to log in
Opps, sorry, that was me in the last message I forgot to log in before I posted it.
When the collector is making the collection attempt on the consu
When the collector is making the collection attempt on the consumer for a debt, certain things are to be put in writing as mentioned the laws. It is assumed that the company doing the collections is doing it by genuine means. so, it doesn't hurt if you request additional information from them about your accounts. They should be having the complete details of your file and it can be served to you on request. Just my thoughts..