Collection Company Mergers & 1692g Notices

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Guest-1669

Collection Company Mergers & 1692g Notices

Post by Guest-1669 »

First of all, thanks for getting this site populated!

I was recently contacted by a debt collector regarding an alleged debt and it did not include the 30-day validation notice. When I inquired why they failed to give the notice, they responded that a previous company (that they had just formally merged with) had already provided the 30-day validation notice.

Does a company "inherit" any protections from sending the notice when it acquires a company that has already complied with the statute? Any caselaw that backs this up either way?
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David A. Szwak
Posts: 1974
Joined: Thu Jul 13, 2006 11:19 pm

Re: Collection Company Mergers & 1692g Notices

Post by David A. Szwak »

Guest-1669 wrote:First of all, thanks for getting this site populated!

I was recently contacted by a debt collector regarding an alleged debt and it did not include the 30-day validation notice. When I inquired why they failed to give the notice, they responded that a previous company (that they had just formally merged with) had already provided the 30-day validation notice.

Does a company "inherit" any protections from sending the notice when it acquires a company that has already complied with the statute? Any caselaw that backs this up either way?
This required some research. I found no case or statute allowing one debt collector to claim benefit of a different debt collector's validation notice.
David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
318-221-6444
Fax 318-221-6555
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