When a CA sends collection notice when debt is well past SOL

Discussion in 'Credit Talk' started by mindcrime, Jan 16, 2013.

  1. mindcrime

    mindcrime Well-Known Member

    The required notice CA's are to put on their "attempt to collect a debt" letters, where can I find this requirement in writing and its name? FCRA, FDCPA, something to do with the FTC?
     
  2. nunna

    nunna Well-Known Member

    FDCPA: § 807. False or misleading representations [15 USC 1692e]

    (11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.
     
  3. mindcrime

    mindcrime Well-Known Member

    Sorry, I wrote that wrong.

    I meant the required statement that due to the debts age the law limits whether the consumer can be sued on it and whether the debt can be placed on the consumers CR.
     
  4. jam237

    jam237 Well-Known Member

    It's not as implicit as that however... :)

    There is nothing in the FDCPA which states whether a debt can be on the CR, that is entirely governed by the FCRA, with the exception of

     

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