First Validation Notice (known in that industry as mini-miranda) First Notice 15 USC § 1692g
(a)Within five days after the initial communication with a consumer in connection with the collection of any debt, a Debt Collector (DC) shall… send the consumer a written notice containing—
(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 DC; a statement that
(4)If the consumer notifies the DC in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the DC 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 DC; and
(5)Upon the upon the consumer’s written request within the thirty-day period, the DC will provide the Consumer with the name and address of the original creditor, if different from the current creditor.
After ascertaining all the mandatory language is there
§1692e(11) Every notice must contain the legend “This is an attempt to collect a debt. Any information obtained will be used for that purpose”.
Other DC Thou shalt-nots:
1. Communicate by post card ,
2. Use any indicia on exterior of correspondence that suggests that they are collecting a debt
3. Add collection fees. That is a violation unless collected by or through an attorney at law and then recovery is limited by statute. May vary by state
4. Attempt to collect, or sue upon, time barred debts. This is a violation, although authority seems to be settling that DC may send a debtor with a time barred account an “invitation to feel better by clearing up the matter”, Fail to clearly disclose their identity, Overshadow disclosures
5. Write non-debtors about another debtor’s debt
6. Re-age consumer account for Consumer Reporting Agency (CRA) purposes
7. Falsely represent that docs are legal process
9. Falsely represent that docs are not legal process.
These are but few–docs tell a story, it may be a good one for you.
