Section 1692g Written Dispute that also Contains a Cease and Desist Does Not Prohibit a Debt Collector From Sending Verification

Sending verification in response to a consumer’s written demand for verification under 15 U.S.C. § 1692g, which also contains a cease and desist demand, does not violate § 1692c under a holding from the Western District of New York in Marino v. HoganWillig, PLLC11-cv-453 (W.D. NY April 24, 2012).

The Court refused to read § 1692c(c) to prohibit sending a consumer § 1692g(b) validation because it would place a debt collector

“into a frozen state where it could not seek to collect the debt because compliance with Section 1692g(b) would violate Section 1692c(c).”

The court cited the unpublished opinion in Recker v. Cent. Collection Bureau, Inc., No. 1:04-CV-2037-WTL-DFH, 2005 WL 2654222, at *4 (S.D. Ind. Oct. 17, 2005), which reasoned that “verification activities could be communications allowed implicitly under exception 1692c(c)(3).”

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Donald Maurice provides counsel to the financial services industry, successfully litigating matters in the state and federal courts in individual and class actions. He has successfully argued before the Third, Fourth and Eighth Circuit U.S. Courts of Appeals, and has represented the financial services industry before several courts including as counsel for amicus curiae before the United States Supreme Court. He counsels clients in regulatory actions before the CFPB, and other federal and state regulators and in the development and testing of debt collection compliance systems. Don is peer-rated AV by Martindale-Hubbell, the worldwide guide to lawyers. In addition to being a frequent speaker and author on consumer financial services law, he serves as legal counsel to DBA International and as chair of the ABA's Bankruptcy and Debt Collection Subcommittee. He serves on the governing Board of Regents of the American College of Consumer Financial Services Lawyers and on the Governing Committee of the Conference on Consumer Finance Law .