LAWDOG Fair Debt Collection Practices Act

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Actions Must Cease If Consumer Disputes or Requests Identification

Section 809 (b) requires that, if the consumer disputes the debt or requests identification of the original creditor in writing, within the the thirty-day period described in Section 809 (a), the collector must cease collection efforts until the debt is verified, and a response is mailed to the consumer.

Until Verification Mailed To Consumer

If the consumer notifies the debt collector in writing within the thirty-day period described in Section 809 (a) that the debt, or any portion thereof, is disputed, or if 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 mailed to the consumer by the debt collector. See Section 809 (b) of the Fair Debt Collection Practices Act reproduced here for illustration purposes only.

Also see a portion the FTC Official Staff Commentary on the Fair Debt Collection Practices Act reproduced here for illustration purposes only. Actual cases should be discussed with your actual legal advisor or legal department.

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