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Splitting with Eleventh Circuit, Seventh Circuit affirms debtors' rights.

Article Excerpt
When a debt collector sues a debtor, the complaint and summons serve as "initial communications" under the Fair Debt Collection Practices Act (FDCPA), triggering the collector's duty to send the debtor a debt validation notice within five days, the Seventh Circuit has ruled. The decision allowed the plaintiff to sue his debt collector for failing to send the notice. (Thomas v. Law Firm of Simpson & Cybak, 392 F.3d 914 (7th Cir. 2004).)

The ruling creates a split with the Eleventh Circuit, which held in Vega v. McKay that a summons and complaint do not constitute initial communications. (351 F.3d 1334 (11th Cir. 2003).)

Plaintiff Frank Thomas claimed violation of his "validation rights": The FDCPA requires that debtors be sent a debt validation notice advising them of their rights within five days of a creditor's or debt...

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