Make a debt collector prove the debt (validation)
15 U.S.C. § 1692g(a)
In plain words
A debt collector must send you a notice with the amount of the debt, the creditor's name, and your rights — in its first message or within 5 days. You then have 30 days to dispute the debt in writing or ask for the original creditor's name. If you do, the collector must stop collecting until it mails you verification.
Who is protected
Consumers contacted by a "debt collector" about a personal, family or household debt — including many foreclosure law firms and servicers that took over a loan after it was already in default.
When it applies
- Only if a debt collector is involved.
- Only applies to "debt collectors." Your original lender, and a servicer that got your loan before you fell behind, usually are not debt collectors under this law.
What you can do
Send a validation request
Write that you dispute the debt and ask for verification and the name and address of the original creditor. Send it by certified mail and keep a copy.
Deadline: Within 30 days after you receive the validation notice.
Open the toolMark the 30-day window
Add the day you received the notice to your deadlines.
Open the toolOpen the Credit Health tool
Upload your free reports from AnnualCreditReport.com. The tool lists items you may want to check and explains your options. You decide what, if anything, to dispute.
Open the toolAsk for validation and the original creditor
Within the validation period, send a written dispute and/or request for the original creditor's name and address. Keep proof of mailing.
Deadline: By the end-date printed on the validation notice.
Open the tool
Honest limits
- A dispute pauses collection by the collector; it does not stop a foreclosure deadline set by a court or by state law, and it does not cancel the debt.
- If you miss the 30 days you can still dispute, but the collector may assume the debt is valid.
- Only applies to "debt collectors." Your original lender, and a servicer that got your loan before you fell behind, usually are not debt collectors under this law.
- A lawsuit under the FDCPA must be filed within one year of the violation.
- This is general legal information, not legal advice, and it does not promise any result. A HUD-approved housing counselor or a lawyer can look at your facts.
- Applies to third-party debt collectors, not usually to the original creditor collecting its own debt.
- Not disputing within the period is not an admission that you owe the debt (§ 1692g(c)).
The law
- Federal lawFDCPA — validation notice
15 U.S.C. § 1692g(a)
Exact part: (a)
What it says: Within five days after first contact, a debt collector must send a written notice of the debt and the consumer's dispute rights.
Read the official texthttps://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1692g&num=0&edition=prelim - Federal lawFDCPA — disputed debts
15 U.S.C. § 1692g(b)
Exact part: (b)
What it says: If the consumer disputes in writing within 30 days, the collector must stop collecting until it mails verification.
Read the official texthttps://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1692g&num=0&edition=prelim - Federal regulationRegulation F — validation information
12 C.F.R. § 1006.34(a)
Exact part: (a)
What it says: A debt collector must give the consumer the required validation information in the initial communication or within five days after.
Read the official texthttps://www.ecfr.gov/current/title-12/part-1006/section-1006.34#p-1006.34(a) - Federal regulationRegulation F — validation period
12 C.F.R. § 1006.34(b)(5)
Exact part: (b)(5)
What it says: The validation period ends 30 days after the consumer receives, or is assumed to receive, the validation information.
Read the official texthttps://www.ecfr.gov/current/title-12/part-1006/section-1006.34#p-1006.34(b)(5) - Federal lawFDCPA — who is a "debt collector"
15 U.S.C. § 1692a(6)
Exact part: (6)
What it says: Defines who is a debt collector, and excludes, among others, anyone collecting a debt that was not in default when they obtained it.
Read the official texthttps://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1692a&num=0&edition=prelim - Federal regulationRegulation F — validation notice
12 C.F.R. § 1006.34(a)–(c)
Exact part: (a)–(c)
What it says: Required validation information, the itemization date (last statement, charge-off, last payment, transaction or judgment date) and the validation period.
Read the official texthttps://www.ecfr.gov/current/title-12/section-1006.34
Court cases
- Homeowner wonCited for this rightHeintz v. Jenkins
Heintz v. Jenkins, 514 U.S. 291 (1995)
the FDCPA applies to lawyers who regularly collect consumer debts, even through litigation
- Homeowner wonSame topicJerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A.
Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A., 559 U.S. 573 (2010)
the FDCPA's bona fide error defense does not excuse a debt collector's incorrect interpretation of what the Act requires
- Homeowner lostSame topicBoren v. U.S. National Bank Ass'n
Boren v. U.S. Nat'l Bank Ass'n, 807 F.3d 99 (5th Cir. 2015)
a lender may abandon a prior acceleration by giving notice that it seeks less than the full accelerated balance, which restarts the four-year limitations period
- Homeowner lostSame topicMartins v. BAC Home Loans Servicing, L.P.
Martins v. BAC Home Loans Servicing, L.P., 722 F.3d 249 (5th Cir. 2013)
a mortgage servicer acting for a properly assigned mortgagee may foreclose in Texas without possessing the original note, and an oral promise to modify a large loan is not enforceable
- Partial winSame topicReinagel v. Deutsche Bank National Trust Co.
Reinagel v. Deutsche Bank Nat'l Tr. Co., 735 F.3d 220 (5th Cir. 2013)
a Texas borrower may challenge an assignment of the loan on any ground that renders it void, though not on grounds that make it merely voidable
- Partial winSame topicCulhane v. Aurora Loan Services
Culhane v. Aurora Loan Servs., 708 F.3d 282 (1st Cir. 2013)
a mortgagor may contest the validity of a MERS assignment to the foreclosing entity, although the MERS framework itself is lawful
- Homeowner wonSame topicKaltenbach v. Richards
Kaltenbach v. Richards, 464 F.3d 524 (5th Cir. 2006)
a person who meets the FDCPA's general definition of debt collector is subject to the whole Act even while enforcing a security interest
Related rights
Tell a debt collector to stop contacting you
15 U.S.C. § 1692c(c)
If you tell a debt collector in writing that you refuse to pay or want it to stop contacting you, it must stop. After that, it may only contact you to say it is ending its efforts or to tell you about a specific step it or the creditor may take, such as a lawsuit.
Read this rightNo lies or misleading claims by debt collectors
15 U.S.C. § 1692e
A debt collector may not lie or mislead you. It cannot misstate how much you owe, pretend to be a lawyer or government official, or threaten something it cannot legally do or does not intend to do. It also cannot report credit information it knows is false, or fail to say a debt is disputed.
Read this rightDispute errors on your credit report
15 U.S.C. § 1681i(a)(1)(A)
If your credit report has something wrong or incomplete — like a payment reported late that you made on time — you can dispute it with the credit bureau for free. The bureau must investigate, usually within 30 days, and fix or delete information it cannot verify.
Read this rightA written dispute stops collection until the collector verifies
15 U.S.C. § 1692g(b)
If you dispute the debt in writing within the 30-day validation period, the collector must stop collecting the disputed amount until it mails you verification of the debt or a copy of a judgment. The same applies if you ask in writing for the original creditor's name and address. Federal law sets a low bar for "verification": courts differ, and it does not require the original signed contract.
Read this rightNo "silent" credit reporting by debt collectors
12 C.F.R. § 1006.30(a)
A debt collector may not report a debt to a credit bureau until it has first spoken with you about the debt, or mailed or electronically sent you a message about it and waited a reasonable time to learn whether it was undeliverable. This stops "passive" collection, where the first you hear of a debt is on your credit report.
Read this rightNo unfair collection tactics, including improper foreclosure threats
15 U.S.C. § 1692f
A debt collector may not use unfair or unconscionable means to collect. It cannot collect fees or charges that your loan contract or the law does not allow. It also cannot take or threaten to take your property through a non-court process when it has no present right to it, no real intention to take it, or the property is legally exempt.
Read this right