(1)Within five days after the initial
communication with a consumer in connection with the collection of any debt, a
debt collector or collection agency shall, unless the following information is
contained in the initial communication or the consumer has paid the debt, send the
consumer a written notice with the disclosures specified in subsections (1)(a) to
(1)(e) of this section. If the disclosures are placed on the back of the notice, the front
of the notice shall contain a statement notifying consumers of that fact. The
disclosures shall state:
(a)The amount of the debt;
(b)The name of the creditor to whom the debt is owed;
(c)That, unless the consumer disputes the validity of the debt or any portion
of the debt within thirty days after the consumer's receipt of the noti
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(1) Within five days after the initial
communication with a consumer in connection with the collection of any debt, a
debt collector or collection agency shall, unless the following information is
contained in the initial communication or the consumer has paid the debt, send the
consumer a written notice with the disclosures specified in subsections (1)(a) to
(1)(e) of this section. If the disclosures are placed on the back of the notice, the front
of the notice shall contain a statement notifying consumers of that fact. The
disclosures shall state:
(a) The amount of the debt;
(b) The name of the creditor to whom the debt is owed;
(c) That, unless the consumer disputes the validity of the debt or any portion
of the debt within thirty days after the consumer's receipt of the notice, the debt
will be assumed to be valid by the debt collector or collection agency;
(d) That, if the consumer notifies the debt collector or collection agency in
writing within the thirty-day period that the debt, or any portion thereof, is disputed,
the debt collector or collection agency will obtain verification of the debt or a copy
of a judgment against the consumer and a copy of the verification or judgment will
be mailed to the consumer by the debt collector or collection agency;
(e) That upon the consumer's written request within the thirty-day period,
the debt collector or collection agency will provide the consumer with the name
and address of the original creditor, if different from the current creditor.
(2) If the consumer notifies the debt collector or collection agency in writing
within the thirty-day period described in subsection (1)(c) of this section that the
debt, or any portion thereof, is disputed or that the consumer requests the name
and address of the original creditor, the debt collector or collection agency shall
cease collection of the debt, or any disputed portion thereof, until the debt
collector or collection agency obtains verification of the debt or a copy of a
judgment or the name and address of the original creditor and mails a copy of the
verification or judgment or name and address of the original creditor to the
consumer.
(3) The failure of a consumer to dispute the validity of a debt under this
section shall not be construed by any court as an admission of liability by the
consumer.
(4) It shall be an affirmative defense to any action based upon failure of a
debt collector or collection agency to comply with this section that the debt
collector or collection agency believed, in good faith, that the debtor was other
than a natural person.
(5) Upon written request by the consumer and without fee to the consumer, a
debt collector or collection agency collecting on a medical debt shall cease
collection until it can provide an itemized statement to the consumer after the
request is received. The itemized statement must include:
(a) The name and address of the medical creditor;
(b) The date or dates of service;
(c) The date or dates the medical debt was incurred;
(d) A detailed list of the specific health-care services and medical products
or devices, if any, provided to the consumer;
(e) The name of the facility where health-care services were provided or the
name of the merchant where the consumer purchased medical products, devices, or
durable medical goods;
(f) The amount of the principal for any medical debt incurred;
(g) An itemization of the current amount of the debt due at the time the
itemized statement is generated, reflecting interest, fees, payments, and credits
since the dates described in subsections (5)(b) and (5)(c) of this section, and
including negotiated insurance rates, financial assistance applied, or other
discounts;
(h) For medical debt from a health-care facility, as defined in section 25.5-3-501 (1), whether the consumer was screened for financial assistance; and
(i) For medical debt from a health-care facility, as defined in section 25.5-3-501 (1), whether the consumer was found eligible for financial assistance and, if so,
the amount due after all financial assistance is applied to the itemized statement.