Florida law for validating a debt

Posted by / 02-Apr-2020 03:18

Florida law for validating a debt

However, a debt collector must cease all attempts to collect the debt until they have sent a sufficient response.If a consumer makes a timely request for debt validation and a debt collector fails to provide proper validation or does not respond at all, the debt collector may not legally continue to pursue the debt.provides that failure by the consumer to dispute the debt during the thirty-day period after the debt collector's initial communication with the consumer may not be construed by any court as an admission by the consumer that he is liable for the debt.The FDCPA does not define what constitutes proper debt validation, and the issue has not been fully resolved by the courts. Gallerizzo, the Fourth Circuit Court of Appeals adopted a relatively low standard: "Verification of a debt involves nothing more than the debt collector confirming in writing that the amount being demanded is what the creditor is claiming is owed; the debt collector is not required to keep detailed files of the alleged debt." The Court further stated that a request for validation of the debt is primarily intended to eliminate such problems as collectors contacting the wrong person or attempting to collect debts which have already been paid.Doing so is considered a form of harassment by the Federal Trade Commission (FTC) and is explicitly not allowed.

The Fair Debt Collection Practices Act doesn’t specify any restrictions about receiving text messages, because text messages didn’t exist when the act was passed in 1977.Debt collectors can legally call you at a reasonable time. If you work during these hours and haven’t taken steps to stop them, debt collectors can call your job.Legally this varies by state, but most often, this means between 8 a.m. Also, if you ask them to call during this time, they can.Their interaction is legally limited to a single phone call.It’s also limited to finding out your address, your phone number and where you work.

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If a collector contacts you outside any of these methods or at an unreasonable hour, keep a record of each contact, especially if it happens frequently.

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