2) "Is it permissible under the Fair Debt Collection Practices Act for a debt collector to report, or continue to report, a consumer's charged-off debt to a consumer reporting agency after the debt collector has received, but not responded to, a consumer's written dispute during the 30-day validation period detailed in 1692g?" As you know, Section 1692g(b) requires the debt collector to cease collection of the debt at issue if a written dispute is received within the 30-day validation period until verification is obtained.Of course, if a dispute is received after a debt has been reported to a consumer reporting agency, the debt collector is obligated by Section 1692e(8) to inform the consumer reporting agency of the dispute.3) "Is it permissible under the Fair Debt Collection Practices Act to cease collection of a debt rather than respond to a written dispute from a consumer received during the 30-day validation period? There is nothing in the Fair Debt Collection Practices Act that requires a debt collector to continue collecting a debt after a written dispute is received.Additionally the collector will not be able to prove when you were first notified of the debt simply by sending a notice regular mail. History shows us that collectors HATE Validation Of Debts requests.It is time consuming and stalls their collection efforts.
Many consumers never hear from the collector again after they ask for Validation Of Debts.You'd be surprised how often a collection agency cannot validate a debt and therefore cannot legally enforce collections. (c) Admission of liability The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. It means that you have a right to dispute the debt, but not doing so also gives the collector the right to assume the debt is valid.Here are four questions posed to legal counsel at the Federal Trade Commission which are important enough to include here: 1) "Is it permissible under the Fair Debt Collection Practices Act for a debt collector to report charged-off debts to a consumer reporting agency during the term of the 30-day validation period detailed in Section 1692g? As stated in the Commission's Staff Commentary on the Fair Debt Collections Act, a debt collector may accurately report a debt to a consumer reporting agency within the thirty day validation period (p. We do not regard the action of reporting a debt to a consumer reporting agency as inconsistent with the consumer's dispute or verification rights under 1692g.If you have been contacted by a debt collector then you should know that you have a right to dispute the validity of the debt.The burden of proof is on the debt collector not you.