Florida law for validating a debt
It’s bad enough that you’re in debt, but you could get in trouble at your office, the place you need to be to get out of debt. What about other debt collection laws and your consumer rights? That’s thanks to the Fair Debt Collection Practices Act.This federal law sets down a specific set of rules that third-party debt collectors must follow when contacting you about a debt that was sent to collections.
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.Debt collectors can legally contact you by email, fax, mobile number or regular mail.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.specifies the response required of a debt collector upon receipt of a timely written or oral dispute, most notably that it shall cease collection of the debt until the collector mails the consumer "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." Thus, there is no time limit for providing the required verification or other information, just that the collector must cease collection until it provides the required information.also contains a prohibition against the collection activities and communications during the initial 30 days of contact with the consumer overshadowing or being inconsistent with the consumer's right to dispute the debt or request the name and address of the original.