I had sent out 3 validation letters on CA that have not sent me a bill from the original CO, is there a problem with me sending these, I know these is a 30 day rule ...
I once thought that the law required the consumer to be provided with a validation notice from the collection agency before the validation rights began because the National Consumer Law Center, Congress, the FTC, and case law says that, but I was recently corrected by BLUE Now it appears that a consumer can just willy nilly send out validation notices anytime they want and the collection agency has to respond. You can disregard any "30 day" requirement, for it does not matter because you can request validation at any point in time Good luck !
OK...I couldnt hold it any longer!! LOL NO! A consumer cannot trigger the 30 validation rights period by contacting the debt collector FIRST The initial communication described in FDCPA 809 (a) , is communication FROM the debt collector SENT TO the consumer. Here is a case that pretty much clears any "opinion" that a consumer can trigger the validation period by send a "pre-emptive" validation notice to the debt collector before the debt collector has contacted the consumer. Miller v. Wolpoff & Abramson, L.L.P., Docket No. 02-017 , UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT , November 12, 2002, Argued, February 25, 2003, Decided "In addition, 15 U.S.C. § 1692g requires debt collectors to include a "validation notice" either in the initial communication with a consumer in connection with the collection of a debt or within five days of that initial communication, which must inform the consumer that he or she has certain rights, including the [*46] rights to make a written request for verification of the debt and to dispute the validity of debt. See 15 U.S.C. § 1692g(a)." So, unless the debt collector had sent a collection letter to the consumer, HOW CAN THERE BE COMMUNICATION IN CONNECTION WITH THE COLLECTION OF A DEBT??? Are we to beleive that if a consumer sees a collection agency listed on their credit report, that this is communication in connection with collection of a debt???? If that is so, are they required to place a notice on the credit report stating "this is an attempt to collect a debt and any info will be used for that purpose?" How about if a consumer sends the collection agency a validation notice before the collection agency contacts with consumer. Using BLUES logic, this letter WRITTEN BY THE CONSUMER AND SENT TO THE COLLECTION AGENCY IS "communication in connection with the collection of a debt"? But the debt collector never attempted to collect the debt yet, so how can this communication be in connection with the collection of a debt????? If you need more info on validation, PLEASE read the links below.
