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A collection agent may resume these activities when it mails a copy of the verification to the consumer.The 30-day period during which a consumer has a right to request a verification is not a grace period.We discuss both the statutes and the case law here because other personal finance Web sites focus on the statutes only, and others offer incomplete discussions of the case law. The collection agent may not apply a payment to a disputed debt.Some discuss only state appellate law, which applies in that state only. If all federal appeals courts had been asked to interpret the debt validation law and did so consistently, we would have a fair understanding of how validation is supposed to work, what information collection agents are supposed to give consumers when validating a debt, and a uniform application of the rules.
Therefore, in states in the US Third, Fourth, Ninth, and Eleventh Circuit Courts, collection agent must provide two or three pieces of data in writing when a consumer asks for a debt validation: It is unclear if the other circuit courts would require a collection agent to provide the dates the debts were incurred, or an itemization of the collectors’ added charges, which is what the FTC has recommended Congress add to the FDCPA.Instead, it must ensure that its efforts do not threaten a consumer’s right to dispute the validity of his debt." , 167 F.3d 1052, 1054 (6th Cir. There is no time limit on when a collection agent must respond to a verification.It may, for example, respond with its evidence 75 days (to pick a number out of the air for the sake of argument) after receiving the consumer’s debt validation request.You need to understand both the statutes and the case law to get a complete picture of your rights. Alaska Arizona California Delaware* Guam Hawaii Idaho Maryland Montana Nevada New Jersey* North Carolina Northern Mariana Islands Oregon Pennsylvania" South Carolina Virgin Islands* Virginia Washington West Virginia Although this has no legal weight or precedent, FTC counsel seems to follow the Fourth Circuit standard, too.(Wolman-Le Fevre letter dated March 10, 1993) We could find no cases in other nine circuit courts regarding debt verification, and no federal cases contradicting the four mentioned.