VALIDATION Hmm, it seems there is some confusion about this. The validation "right" DOES NOT EVER EXPIRE. A consumer can request validation forever. WHAT DOES EXPIRE, is the "requirements" of the debt collector. If you look at the language of FDCPA 809, http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809 Section (a) states :"(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --" -Then lists 5 items: " (1) the amount of the debt; (2) the name of the creditor to whom the debt is owed; (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector; (4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and (5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor." -IF you look at (3), it states : "(3) a statement that unless the consumer, within thirty days after receipt of the notice" -"within thirty days after receipt of the notice", THE NOTICE IS THE NOTICE which is to be sent after the INITIAL contact. -IF we look at (4), "if the consumer notifies the debt collector in writing within the thirty-day period"...."the debt collector will obtain verification of the debt "..."will be mailed to the consumer by the debt collector" -NOTICE (4) is CONTAINED WHITHIN section (a) -Now, lets look at section (b). It states "(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a)" -IT SPECIFICALLY MENTIONS "within the thirty-day period described in subsection (a)". THE 30 day period described in (a), IS THE 30 days AFTER RECEIPT of the notice. THE notice is "triggered" AFTER THE INITIAL CONTACT. -SOOOO whats this all mean? IF the consumer notifies the collection agency IN WRITING OF A DISPUTE (request for validation), WITHIN 30 days OF THE INITIAL COMMUNICATION with the debt collector, THE DEBT COLLECTOR will cease collection efforts, until verification is sent. -HOWEVER-validation can be requested at anytime by the consumer. BUT, the debt collector does not have to do much -Just something to think about : Why didnt congress just say "if the consumer notifies the collector in writing the debt is disputed, the collector will cease collection efforts until they send the verification"? -Just my understanding though LOL
