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Posts tagged as “WDNY”

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, PLLC, 11-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 The court cited the unpublished opinion in Recker…