consumer ’ s contacts , they must disclose his or her identity as a debt collector . It is a violation for a debt collector to communicate with the wrong person through a private message .
Debt Transfers
A debt collector is generally prohibited from selling , transferring for consideration , or placing a debt for collection if it knows or should know the debt has been paid , settled or discharged in bankruptcy . There are four exceptions to the rule :
1 . Transfers to the debt ’ s owner or to a previous owner , if authorized under the original contract between the debt collector and the previous owner .
2 . Transfers as a result of a merger , acquisition , purchase and assumption transaction , or a transfer of substantially all the debt collector ’ s assets .
3 . Sales , transfers or placements of secured debt discharged in bankruptcy if certain conditions are met .
4 . Securitization of debt or pledging of a portfolio of debt as collateral . reasonably expected to provide actual notice and required written disclosures must be sent in a form the consumer may keep and access later . To meet the standard when sending required written disclosures electronically , a debt collector must send the disclosures in accordance with the Electronic Signatures in Global and National Commerce Act ’ s ( E-SIGN Act ) consumer-consent requirements . There is a safe harbor for sending required disclosures if the debt collector mails a printed copy of the disclosure to the consumer ’ s last known address . This safe harbor applies unless the debt collector , at the time of mailing , knows or should know the consumer does not currently reside at , or receive mail in , that location .
Record Retention
Debt collectors must retain evidence of compliance or noncompliance starting on the date they begin collection activity on a debt until three years after the last activity . If a debt collector chooses to record telephone calls , they must retain those recordings for three years after the date of the telephone call . •••
Written Dispute
Generally , a debt collector must cease collection of a debt , or any disputed portion of a debt , when they receive a written dispute . When it receives a written dispute it may not resume collection of that debt until they respond to the consumer ’ s dispute in writing or electronically . If the consumer has submitted a dispute , a debt collector must provide a verification of the debt or judgment to the consumer . If a debt collector determines the consumer ’ s dispute is duplicative of an earlier one , they must either provide the consumer with a brief statement of the reasons for the determination and refer the consumer to the debt collector ’ s earlier dispute response or send a verification of the debt or judgment to the consumer .
Debt Collection Disclosures
A debt collector must disclose in their initial , and in each subsequent communication with the consumer , the communication is from a debt collector (“ mini-Miranda ” disclosure ). They must make these disclosures in the same language , or languages , used for the rest of the communication in which the disclosures are conveyed .
All required disclosures must be sent in a manner
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