Friday, August 1, 2014

Sixth Circuit Broadens FDCPA Debt Validation Requirement

In the case of Haddad v. Alexander, Zelmanski, Danner & Fioritto, PLLC the Sixth Circuit Court of Appeals  gave more detailed guidance on what information debt collectors must provide when validating a debt after a debtor has requested such validation in writing.  In reaching its holding the Court said: “the verification provision must be interpreted to provide the consumer with notice of how and when the debt was originally incurred or other sufficient notice from which the consumer could sufficiently dispute the payment obligation.”


This standard goes beyond what other circuits have required.  Most have merely required that the debt collector state in writing that the amount being sought is the amount the debt collector claims is owed.  The new requirement is clearly a victory for consumers and gives consumer rights attorneys another arrow in their quiver with which to fight debt collectors.




      www.debt-relief-law.com

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