Debt collectors often dispute receiving communications, written or verbal, that consumers believe they conveyed. There is no certain way to avoid disputes over a debt collector’s receipt of a consumer’s communication, whether it be a TCPA revocation of consent, a FDCPA notice to cease communications, or other notice.
Mailed notices get the benefit of the longstanding, rebuttable presumption that a properly addressed letter is received by the addressee. The simplicity of that rule often collides with errors that prevent the presumption from arising. The presumption may not be available if the consumer forgets to keep a copy of the letter showing it was properly addressed or fails to include the ZIP code in the address. The use of certified mail gets the benefit of the presumption only as long as the return receipt is presented. Many courts extend the presumption of receipt to a fax with a confirmation generated by the sender’s machine, and some courts have extended it to emails. A consumer’s memory or notes affirming a verbal notice to the debt collector may often create at least a factual issue requiring trail. Debt collector’s notes are usually only a summary of any conversation and may not provide a convincing rebuttal. Using multiple methods may be the best way to avoid disputes.