(a) Within five days after the
initial communication with a consumer in connection with the collection
of any debt, a debt collector shall, unless the following information
is contained in the initial communication or the consumer has paid
the debt, send the consumer a written notice containing—
(1) the amount of the debt;
(2) the name of the creditor
to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after
receipt of the notice, disputes that validity of the debt, or any
portion thereof, the debt will be assumed to be valid by the debt
collector;
(4) a statement
that if the consumer notifies the debt collector in writing within
the thirty-day period that the debt, or any portion thereof, is disputed,
the debt collector will obtain verification of the debt or a copy
of a judgment against the consumer and a copy of such verification
or judgment will be mailed to the consumer by the debt collector;
and
(5) a statement
that, upon the consumer’s written request within the thirty-day period,
the debt collector will provide the consumer with the name and address
of the original creditor, if different from the current creditor.
6-1688
(b) If the consumer notifies the debt collector in
writing within the thirty-day period described in subsection (a) that
the debt, or any portion thereof, is disputed, or that the consumer
requests the name and address of the original creditor, the debt collector
shall cease collection of the debt, or any disputed portion thereof,
until the debt collector obtains 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, is mailed to the consumer by the debt collector.
Collection activities and communications that do not otherwise violate
this title may continue during the 30-day period referred to in subsection
(a) unless the consumer has notified the debt collector in writing
that the debt, or any portion of the debt, is disputed or that the
consumer requests the name and address of the original creditor. Any
collection activities and communication during the 30-day period may
not overshadow or be inconsistent with the disclosure of the consumer’s
right to dispute the debt or request the name and address of the original
creditor.
(c) The failure of a consumer to dispute
the validity of a debt under this section may not be construed by
any court as an admission of liability by the consumer.
6-1688.1
(d) Legal pleadings. A communication
in the form of a formal pleading in a civil action shall not be treated
as an initial communication for purposes of subsection (a).
(e) Notice provisions. The
sending or delivery of any form or notice which does not relate to
the collection of a debt and is expressly required by the Internal
Revenue Code of 1986, title V of Gramm-Leach-Bliley Act, or any provision
of Federal or State law relating to notice of data security breach
or privacy, or any regulation prescribed under any such provision
of law, shall not be treated as an initial communication in connection
with debt collection for purposes of this section.
[15 USC 1692g. As amended
by act of Oct. 13, 2006 (120 Stat. 2006).]
