Do debt collectors have to notify how they are collecting the debt?

Can debt collectors send a letter of legal notification and how should it be worded?

Is each debt collector required to provide written notice of the debt to dispute the validity of the debt?

How do you prove "first contact" date by bill collector?

There are many types of notifications which debt collectors must provide to consumers when they are attempting to collect a debt from you. One very important example is often referred to as the "validation notice." The Fair Debt Collection Practices Act (FDCPA) provides that within five days after a debt collector's first communication with you, the collector must send you written notice of the amount of the debt and the name of the creditor to whom the debt is owed. Sometimes, this letter is sent before a debt collector ever places a call to you. If the letter is not sent before the first call, then it must be sent to you within five days thereafter. You can prove the dates and times of phone calls by taking photographs of your phone's caller ID or by requesting a copy of your phone bill showing incoming calls. If you have an account which ends up being sent to more than one collection agency, each debt collector must provide you with this notice.

The validation notice must also contain the following statements: (1) 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; (2) 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; and (3) 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.

The FDCPA also requires debt collectors to notify you in their initial communication with you that they are attempting to collect a debt and any information obtained will be used for that purpose. In all communications after the first communication, they must notify you that the communication is from a debt collector. A "communication" can be a letter, email, phone conversation, or even a voice mail or answering machine message – any way they are communicating information to you regarding collection of the debt, through any medium.

In addition, the FDCPA prohibits debt collectors from using any false, deceptive, or misleading representation or means in connection with the collection of any debt. The FDCPA contains this general prohibition, in addition to many specific false representations being listed. There are many ways a debt collector can violate the law by providing you with false information or notifications.

If a debt collector has failed to provide you with the notifications required by law, or a debt collector has made any false representations or notifications to you, then you could be entitled to up to $1000 in damages under the FDCPA, plus payment of your attorneys fees and litigation costs. If you think a debt collector has contacted you in violation of the law, or even if you are not sure, call to speak with one of our experienced fair debt collection attorneys for a free case review.