New changes to the FDCPA - 10/04/2006

SEC. 802. OTHER AMENDMENTS.
(a) LEGAL PLEADINGS.—Section 809 of the Fair Debt Collection
Practices Act (15 U.S.C. 1692g) is amended by adding at the end
the following new subsection:
‘‘(d) 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 (a).’’.
(b) NOTICE PROVISIONS.—Section 809 of the Fair Debt Collection
Practices Act (15 U.S.C. 1692g) is amended by adding after subsection
(d) (as added by subsection (a) of this section) the following
new subsection:
‘‘(e) NOTICE PROVISIONS.—The sending or delivery of any form
or notice which does not relate to the collection of a debt and
is expressly required by the Internal Revenue Code of 1986, title
V of Gramm-Leach-Bliley Act, or any provision of Federal or State
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.’’.
(c) ESTABLISHMENT OF RIGHT TO COLLECT WITHIN THE FIRST
30 DAYS.—Section 809(b) of the Fair Debt Collection Practices Act
(15 U.S.C. 1692g(b)) is amended by adding at the end the following
new sentences: ‘‘Collection activities and communications that do
not otherwise violate this title may continue during the 30-day
period referred to in subsection (a) 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
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address of the original creditor. Any collection activities and communication
during the 30-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.’’.