15 US Code § 1692g – Validation of debts
• US code
• Notes
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
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(a) NOTICE OF DEBT; CONTENTS
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 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; other
(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.
(b) DISPUTES DEBT
If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is
disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the
original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is emailed to the consumer by
the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection (a) unless the consumer has notified
the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure
of the consumer's right to dispute the debt or request the name and address of the original creditor.
(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.
(d) LEGAL PLEADINGS
A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection (a).
(e) NOTICE COMMISSIONS
The sending or delivery of any form or notice which does not relate to the collection of a debt and is expressly required by title 26, title V of Gramm-Leach-Bliley Act [15 USC 6801 et seq.], or any provision of Federal
or State law relating to notice of data security breach or privacy, or any regulation prescribed under any such provision of law, shall not be treated as an initial communication in connection with debt collection for purposes of this section.
(Pub. L. 90-321, title VIII, § 809, as added Pub. L. 95-109, Sept. 20, 1977, 91 Stat. 879; amended Pub. L. 109-351, title VIII, § 802 , Oct. 13, 2006, 120 Stat. 2006.)
Source: https://www.law.cornell.edu/uscode/text/15/1692g
Translation:
15 US Code § 1692g – Validation of Debt
- US Code
- Notes
before | next
(a) DEBT NOTICE; CONTENTS
Within five days of first contacting a consumer in connection with the collection of a debt, a collection agency must provide the consumer with a written notice that includes the following, unless the following information is included in the first contact or the consumer pays the debt Has
(1) the amount of the debt;
(2) the name of the lender to whom the debt is owed;
(3) a statement that the collection agency will consider the claim or part thereof valid if the consumer does not contest the validity of the claim or part thereof within thirty days of receipt of the notice;
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt or part of it is disputed, the debt collector will obtain a verification of the debt or a copy of any judgment against the consumer and a copy such review or judgment is sent by the debt collector to the consumer; and
(5) A statement that the collection agent will, upon the consumer's written request, provide the name and address of the original creditor, if different from the current creditor, within the thirty day period.
(b) DISPUTES
If the consumer notifies the collection agency in writing within the thirty-day period described in subsection (a) that all or part of the claim is disputed, or if the consumer requests the name and address of the original lender, the collection agency shall initiate the collection of the claim or part thereof until the collection agency receives a review of the claim or a copy of any judgment or the name and address of the original lender and a copy of that review or judgment or the name and address of the original lender to the consumer sends. Collection activities and notices not otherwise in breach of this subsection may continue during the 30-day period referred to in subsection (a) unless the consumer has notified the collection agency in writing that the debt or part of the debt is disputed or that the consumer requests the name and address of the original creditor. All collection activities and communications during the 30-day period must not overshadow or be inconsistent with disclosure of the consumer's right to dispute the claim or to request the name and address of the original creditor.
(c) ACKNOWLEDGMENT OF LIABILITY
A consumer's failure to contest the validity of any liability under this Section shall not be construed by a court as an acceptance of the consumer's liability.
(d) LEGAL DOCUMENTS
A notice in the form of a formal brief in a civil matter will not be treated as an initial notice for the purposes of subsection (a).
(e) NOTICE POLICY
The sending or delivery of any form or notice not relating to the collection of a claim and expressly required by Title 26, Title V of the Gramm-Leach-Bliley Act [15 USC 6801 et seq.] or any provision of federal or state law required in relation to notification of a data security or privacy breach, or any rule required under such legislation, shall not be treated as the first notice in connection with the collection for the purposes of this Section.
(Pub. L. 90-321, title VIII, § 809, supplemented by Pub. L. 95-109, Sept. 20, 1977, 91 Stat. 879; amended Pub. L. 109-351, title VIII, § 802 , Oct. 13, 2006, 120 Stat. 2006.)
Source: https://www.law.cornell.edu/uscode/text/15/1692g
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