FDCPA Disclosures Debt Collection
If you are collecting third party debts on behalf of another, the debts are for personal, family, or household use, and the debts are in default, then you can make the general assumption that the fair debt collections act does apply to your business operation. The first thing you need to do, as required by federal statute, is to send a written notice containing certain disclosures.
Ernest H. “Skip” Kohlmyer, III, Esq., LL.M, is a litigation attorney and shareholder with Urban Thier Federer & Chinnery, P.A. based in the Orlando office. His practice focuses primarily on insurance defense litigation relating to the Fair Debt Collection Practices Act (“FDCPA”), Florida’s Consumer Collection Practices Act (“FCCPA”), Fair Credit Reporting Act (“FCRA”), and/or the Telephone Consumer Protection Act (“TCPA”).
Mr. Kohlmyer represents collection agencies, debt buyers, Florida public entities in areas in land use, civil rights, constitutional law, consumer protection litigation, corporate and business law, insurance defense, and international business transactions.
In this CLE class clip Mr. Kohlmyer discusses FDCPA & mandatory debt collector’s disclosures.
Watch the Full Debt Collection Telephone Calls FDCPA & TCPA Compliance CLE Class
Ernest H. Kohlmyer, III, Esq., LL.M.
Urban, Thier, Federer & Chinnery, P.A.
200 South Orange Avenue, Suite 2000
Orlando, Florida 32801
The 30 day validation disclosure, 15 U.S.C. Section 1692 (g)(a) states that a debt collector must provide a consumer with written notice of specific rights afforded the consumer under the FDCPA. These rights are generally referred to as the “30 day validation” requirement. An example of a generally accepted “30 day validation” statement defines the following:
Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt, or any portion thereof, this office will assume this debt is valid. If you notify this office in writing within 30 days after receiving this notice that you dispute the validity of this debt, or any portion thereof, this office will obtain verification of the debt, or obtain a copy of a judgment and mail you a copy of such judgment or verification. If you request this office in writing within 30 days after receiving this notice, this office will provide you with the name and address of the original creditor, if different from the current creditor.
For more important information on FDCPA & mandatory debt collector’s disclosures, check out the full CLE class video by Ernest H. “Skip” Kohlmyer, III, Esq., LL.M.