809. Validation
of debts [15 USC 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;
(3) a statement that unless the consumer,
within thirty days after receipt of the notice, disputes the
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.
(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 any 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.
(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.
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