Interesting tidbit

Validation Notice Typo results in judgment against Collection Agency

In Ong v American Collections Enterprises, Inc. (98CV-5117), decided February 19, 1999, a New York Court held that a collection agencyâ??s notice that requires a debtor to dispute a debt in writing, violates the Fair Debt Collection Practices Act. The Act does not require the debtor to submit a writing to dispute the debt. Rather, the FDCPA requires a writing if the debtor requests validation of the debt. Be careful of this tenuous, but notable distinction.

 

shoot, forgot this one, sorry.

Collection Agency Liable for Failing To Report Debt as Disputed Despite Telephone Call from Debtor

In Brady v Credit Recovery Company, Inc. 160 F3d 64 (1st Cir 1998), the Court of Appeals for the First Circuit held a collection agency liable for failing to mark a debt as disputed on the debtorâ??s credit bureau despite the debtorâ??s oral notification of the dispute. This decision clarifies section 807(8) of the FDCPA which does not require a writing from a debtor to dispute a debt. Now, if an agency reports debts to a credit bureau, it must mark as disputed any debt which is disputed by a debtor either orally or in writing.