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hey guys welcome to our video this is part 9 of our series on the FDCPA the Fair Debt Collection Practices I and it's a very important section and a lot of people know at least something about this and that is 1692 G validation of debts so we're gonna look at just this section in today's video so it starts off section a it says notice of debt content so within five days after the initial communication with the consumer in connection with the collection of a debt a debt collector shall that means this is not advised this is not a suggestion that's not a good idea a debt collector must 100% of time do this unless the following information will see it on the next slide it's contained in the initial communication because remember what triggers this is within five days after the initial communication now if that initial communication contains all this then they're good or the consumer has paid the debt so you could call the consumer and the consumer pays it well then you wouldn't have to send this as a debt collector within five days it says send the consumer written notice so this is not just calling them on the phone this is a written notice containing and now let's look at the five things so number one the amount of the debt number two the name of the creditor to whom the debt is owed so it could be we're dealing with the debt collector that is collecting for Capital One or it could be a debt buyer and sometimes it gets a little tricky as when debt has been bought and sold several times but clearly that they've got to list who the creditor is and again we'll see in some when we go through some case decisions what exactly that means a creditor the number three it's got to tell the consumer that unless within 30 days after receipt so not 30 days after the date of the letter unless it's hand-delivered but 30 days after receipt if the consumer does not dispute the validity of the debt the debt will be assumed to be valid by the debt collector we'll come back to that in a moment number four if the consumer notifies the debt collector in writing so this is not verbal this is in writing within that 30-day period that the debt or a portion of it is disputed that that collector will obtain verification of the debt or a copy of the judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer so let's kind of unpack that a little bit so we've got this 30-day period and if the consumer tells the debt collector in writing hey I dispute the whole debt or a portion of the debt then the debt collector will get verification of that debt or maybe there's a judgment out there well why would they get the judgment because the judgment shows you that you owe the debt if a judge says you lose this lawsuit you owe the debt that's about the best kind of proof there is and so it'll get that but not just that the debt collector will get that verification or that copy of the judgment but it will Mel that to the consumer again not just call them on the phone and say hey we got this judgment you can go look it up they've got to mel it to the consumer and then number five a statement that upon consumers written request within 30 day period debt collector provide the consumer with the name address of the original crash if different from the current creditor so the current creditor might be Midland Funding let's say that they claim to own the debt but you say well who was the original creditor well they have to tell you that and the debt collector has to say look you can request this from us let's go on to subsection B disputed debts so what happens if within that 30-day period the consumer disputes a debt now keep in mind if we go back a couple videos to 1692 ee8 that tells us if a debt is disputed the debt collector has to show that on the credit board that is not limited to this 30-day time period that's at any time the debt collector and that can be done verbally but this is specifically this section called validation 1692 gb says if the consumer notifies the collector in writing within that 30-day period that the dead or a portion is disputed or the consumer requests a name address of the original creditor then the debt collector shall again not a suggestion not this is a good idea you shall one hundred percent shall cease communication of the debt or any disputed portion thereof so what that means is let's say a debt collector writes me and says John you owe a thousand dollars in principle and two hundred dollars in collection fees and I say well I admit out of the thousand but I do not know the collection fees I dispute that well then they would have to cease collection of the disputed portion the two hundred dollars but if you just dispute the whole debt they've got a cease collection of the whole debt until the debt collector obtains verification of the debt or a copy of the judgment or the name and address the original creditor so in other words whatever it is that you've disputed you dispute the debt you dispute the name and address of the creditor you dispute that there's a judgment whatever it is they've got to send that to you and it says meld to the consumer by the debt collector so what this means is you get a letter or you get any communication from a debt collector and it's within that first 30 days of it and you tell them in writing I dispute this they have an option they can either get you what you dispute and we'll come back to that in a second but then get you what you dispute or they can just stop collecting so a lot of times there's confusion people say well I sent a debt validation letter and they didn't respond I want to sue them well if they stop debt collection that's okay so they either have to get the proof and again we'll come back to that second what that means get the proof or they have to stop collecting what they're not allowed to do is ignore your validation request and continue to collect and so it's just saying look go get that Mel it to the consumer and that says collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in Subsection a unless the consumers notified the debt collector in writing the dead is disputed or they asked for the name and address original creditor so just saying if again I get a phone call from a debt collector next day they mailed me out what's called the 1692 G notice which is what we're talking about here until I dispute that in writing they can continue to collect the debt but once I dispute it in writing now they've got to stop and go get verification of the debt or copy the judgment or the name and address of the original creditor and then picking up here at the last part of this as any collection activities or communication during 30-day period may not overshadow we're being consistent with the disclosure of the right to dispute the debt or request the name and address of the original creditor so that would mean if they tell you you can dispute they tell you you can get validation they tell you you can get the name and address original creditor but then the maybe the next paragraph overshadows and just makes it like you know it's almost like disregard that warning we gave you you really don't have that right well then that would violate this law so they can't put the your rights about you have the right to dispute request you know name address original creditor etc they can't put that in tiny little fun and then put it in big font like you know we will make your life miserable if you don't immediately pay that well that would be overshadowing this so let me come back to this idea of what kind of proof do they have to give you and we'll see this in some cases when we go through some case law but there's this idea that you can demand everything possible about this debt and you know I want every receipt every credit card pretty they're not to give you that if you dispute in general then they can respond in general and it can literally be as easy some courts have said as they go back to the original creditor hey does John wat so this yeah he owes okay they've you know have quote verified the debt but the more specific you are then the more specific they're gonna have to be in their investigation and their verification so if you say wait a minute you say Oh fifteen hundred dollars I made a two hundred fifty dollar payment six weeks ago and I use this check number and it cleared the bank on this day they can't just come back yeah we checked in you oh no you got to respond to my very specific dispute so that debt collector I'd have to say well actually we did not get that check or the original creditor did not get that check so just think of it you sort of control how much detail they're gonna have to bring back to you and that's controlled by how much detail you put into the dispute now sometimes you get a phone call you get a letter from a company Musee I honestly have no idea who these people are what they're doing we'll just dispute in general and then once you start getting some more information then you can kind of tailor that dispute but other times you know like you know you get a bill from a debt collector and it's a $500 copay for surgery you had and you're like I paid that I absolutely paid that here's the the credit card receipt or here's the canceled check well then you would be very specific in your dispute in your quote validation request okay well let's go on this we'll finish up this section 1692 G this is very very important the subsection C admission of liability the failure of a consumer to dispute the validity of a debt under this section may not we emphasize that may not be construed by any court as an admission of liability by the consumer now I think every collection lawyer at some point has argued exactly the opposite of this they say well judge you know we sued this consumer and we gave them the 1692 G validation uh they did not dispute within 30 day so they've admitted they owe it no Congress specifically says you cannot make that argument they also do the same in the truth-in-lending context but we'll stay focused on this very very important to keep in mind you sort of lose some rights if I can say it that way by not disputing within the 30 days not doing it in writing but the debt collector does not gain any rights by you doing that it's just they can assume it's valid and continue to collect it so look at subsection D legal pleadings communication form of a formal pleading that's like a lawsuit a complaint a statement of claim whatever your court calls it and a civil action shall not be treated as an initial communication so in other words there used to be the idea that if you get a lawsuit that's a communication so they get put 16 i2g notice in there and a lot of collectors still do that but that's not required this now makes it clear that that is not a requirement he doesn't doesn't have a whole lot of application to us but I do want to point out let me just summarize it first then we'll look at specifically so you do that dispute within the 30 days you do it in writing well they've got to stop the collection activity until they verify the debt but what if there's another federal law that says to the debt collector you must send out certain communication well then they're not going to violate this law in other words we're not going to put them in a position where you that to violate the FDCPA or violate this other law so this says the sending or delivery of any form or notice which does not relate to the collection of debt and is expressly required by the gramm-leach-bliley act or any provision of federal state law relating notice the data security breach or privacy or any regulation shall not be true treated as an initial communication connection with debt collection so it's just the idea that we're not going to put the debt collector in this bad spot where by following one law they're violating another and we're not going to treat that as initial communication that would then trigger this requirement remember within five days of the initial communication that do 1692 G well they're not to do that and most courts say if you write and dispute within that 30-day in other words you request validation they can still this type of stuff so I hope that this is helpful I know some of you guys have been watching this all the way through and that's amazing we're having part nine here the next section will be very short and then we'll have some more sections that we'll talk about when they see you talk about where they have to see you and then talk about when you sue them what damages can you get so that's kind of a fun part to go through so if you have any questions or comment put those below and thanks again for watching this and I'll see you in the next video thanks