First, there may be a requirement to notify the creditor of changes, but many consumers don't, and second a consumer has to complete an NCOA for the post office to have record of it. Many don't. If there is a requirement that a creditor is to provide notice of a sale of the debt, pending sale, or sending the account off to collection, there shouldn't be liability on the creditor if they lack the updated information to actually reach the consumer. I don't want to see any FDCPA strict liability requirement that this notice must be given, but because the consumer has moved and failed to update the creditor and notice is not received, the creditor or debt collector is then stuck defending a lawsuit. If the creditor does not receive notice of an updated address, don't have strict liability that any notice reach the consumer.
MER
1
First, there may be a requirement to notify the creditor of changes, but many consumers don't, and second a consumer has to complete an NCOA for the post office to have record of it. Many don't. If there is a requirement that a creditor is to provide notice of a sale of the debt, pending sale, or sending the account off to collection, there shouldn't be liability on the creditor if they lack the updated information to actually reach the consumer. I don't want to see any FDCPA strict liability requirement that this notice must be given, but because the consumer has moved and failed to update the creditor and notice is not received, the creditor or debt collector is then stuck defending a lawsuit. If the creditor does not receive notice of an updated address, don't have strict liability that any notice reach the consumer.
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