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Validation Notice: A Violation of the Fair Debt Collection Practices Act?

Mary purchased a bed and defaulted on the payment plan. The ABC Furniture Co. referred the claim to a collection agency and the collection agency wrote a letter claiming both Mary and her husband Bill were liable. Bill then called the agency and told them that he and Mary were divorced, and he, therefore, was not responsible for the debt. Bill never communicated to the collection agency in writing and assumed that the matter had been closed. About three months later Bill and his new wife applied for a mortgage on a new house. When the credit reports were ordered, he learned that the debt was still being reported and not as a disputed debt. At that point Bill retained a consumer attorney and instituted a suit against the collection agency for violation of the Fair Debt Collection Practices Act. Is the agency liable?
  • In addition to the "basics," the three key things that a validation notice must contain
  • Technical interpretations being applied to the statutory language in the Fair Debt Collection Practices Act
  • The true test for determining if a debt collector falsely reported a consumer debt
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