Summons Not a Communication, Answer Deadline Does Not Overshadow Validation Rights According to Nevada Federal Court

In debt collection, the consumer’s Fair Debt Collection Practices Act (FDCPA) validation rights, as spelled out in section 1692g, are all but sacred. Whether a debt collector’s communications overshadow the consumer’s 30 day window to dispute the validity of a debt remains a hot button issue. In Arellano v. Clark County Collection Service, LLC and Borg Law Group, LLC, No. 2:15-cv-01424 (D. Nev. Aug. 28, 2018), the District of Nevada recently reviewed whether information in a court summons can overshadow the 1692g validation rights. However, the decision revolved around whether a summons in a court proceeding constitutes a communication.

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Factual and Procedural Background

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