Section 1692g[a]

[David A. Szwak]

VALIDATION NOTICE

Under 15 U.S.C. 1692g: (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; [Sparkman v. Zwicker & Associates, P.C., 374 F.Supp.2d 293 (U.S.D.C. E.D. N.Y. 2005)(Summary judgment was granted for the consumer for violation of 15 U.S.C. 1692g(a)(2) where the collector failed to clearly identity the current creditor.).]
3) a statement that unless the consumer, within thirty days after receipt of notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector; [The dispute in this subsection need not be in writing. See: Brady v. Credit Recovery Co., 160 F.3d 64 (1st Cir. 1998).].
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; [The "in writing" requirement need not be repeated in follow-up letters. Durkin v. Equifax Check Servs., 406 F.3d 410, 419 (7th Cir. 2005).] 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. 15 U.S.C. 1692g(a).