While courts have found that sending a second validation letter within the 30-day validation window is problematic, sending a second letter outside of that 30-day window does not pose an issue, says the Northern District of Texas.
In Ortiz v. Enhanced Recovery Company, LLC, No. 3:18-cv-1347 (N.D. Tex. June 6, 2019), ERC sent a second validation letter to the consumer three months after sending the initial validation notice. The consumer filed a Fair Debt Collection Practices Act (FDCPA) lawsuit alleging that the letters contained conflicting information, specifically that the validation window in the first letter was “literally false” if the second letter also included the same thing.
The court granted ERC’s motion for summary judgment, finding that there was no problem with this situation. While sending a second letter within the 30-day validation window causes some concern that a consumer might be confused as to how much time remains to request verification, this issue is not present when the letters are sent three months apart like in the instant case.
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