Validation Of Debts

(1) Notice of debt; contents. Within five (5) days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing: (a) The amount of the debt; (b) The name of the creditor to whom the debt is owed; (c) A statement that unless the consumer, within thirty (30) days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the collection service; (d) A statement that if the consumer notifies the collection service in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the collection service will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the collection service; and (e) A statement that, upon the consumer’s written request within the thirty-day period, the collection service will provide the consumer with the name and address of the original creditor, if different from the current creditor. (2) Disputed debts. If the consumer notifies the debt collector or collection service in writing within the thirty-day period described in paragraph (1) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the collection service shall cease collection of the debt, or any disputed portion thereof, until the collection service obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the collection service. Collection STANDARDS OF PRACTICE CHAPTER 0320-05 activities and communications that do not otherwise violate this rule may continue during the thirty-day period referred to in paragraph (1) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activity and/or communication during the thirty-day period may not overshadow or be inconsistent with the disclosure of the consumer’s right to dispute the debt or request the name and address of the original creditor. (3) Legal pleadings. A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection (1). (4) Notice provisions. The sending or delivery of any form or notice that does not relate to the collection of a debt and is expressly required by the Internal Revenue Code of 1986 [26 USCS §§ 1 et seq.], title V of Gramm-Leach-Bliley Act [15 USCS §§ 6801 et seq.], the Bankruptcy Reform Act of 1978 [11 U.S.C.A. §§ 1 et seq.] or any provision of Federal or Tennessee law relating to notice of data security breach or privacy, or any regulation prescribed under any such provision of law, shall not be treated as an initial communication in connection with debt collection for purposes of this section.