The Consumer Financial Protection Bureau and Federal Trade Commission filed an amicus brief in the case of Hernandez v. Williams, Zinman & Parham (WZP), which concerns the interpretation and enforcement of the Fair Debt Collection Practices Act.
The FDCPA provides that a "debt collector" must send a consumer a notice containing important information about the consumer's debt and rights either in "the initial communication" or within "five days after the initial communication with a consumer in connection with the collection of any debt."
Consumers have 30 days after receiving such a notice to dispute the debt and to request information about the original creditor.
The arguments in the brief filed by the CFPB and FTC state that every collector contacting a consumer - not simply the first debt collector attempting to collect a particular debt - must send a notice that complies with this provision.
The brief states that the district court "erred in concluding WZP had no obligation to comply because it was not the first debt collector to attempt to collect [Maria] Hernandez's debt" and thus the circuit court should reverse the ruling granting summary judgment to WZP.