source:
  type: regulation
  id: reg-f-1006.38
  authority: 12 CFR §1006.38 — Disputes and requests for original-creditor information
    (Regulation F)
  description: 12 CFR §1006.38 — Disputes and requests for original-creditor information.
  coverage_tier: operative
obligations:
- id: reg-f-1006.38-full
  canonical_id: reg-f-1006.38-full
  section: 12 CFR §1006.38 — Disputes and requests for original-creditor information
  type: do
  tags:
  - regulator-direct
  - fdcpa
  - corpus-expansion
  - tier-operative
  primary_source:
    tier: 1
    authority: 12 CFR §1006.38 — Disputes and requests for original-creditor information
      (Regulation F)
    source_class: cfpb-regulation
    source_url: https://www.law.cornell.edu/cfr/text/12/1006.38
    snapshot_id: 8101bbd296f4a703
    fetched_at: '2026-06-17T19:30:44Z'
    content_hash: sha256:7651626b8620af16d84f9b7fc1671941c5487beaa4bfd9218ae509795f9542b0
    paragraph_quote: '§ 1006.38 Disputes and requests for original-creditor information.
      (a) Definitions. For purposes of this section, the following definitions apply:
      (1) Duplicative dispute means a dispute submitted by the consumer in writing
      within the validation period that: (i) Is substantially the same as a dispute
      previously submitted by the consumer in writing within the validation period
      for which the debt collector already has satisfied the requirements of paragraph
      (d)(2)(i) of this section; and (ii) Does not include new and material information
      to support the dispute. (2) Validation period has the same meaning given to
      it in § 1006.34(b)(5) . (b) Overshadowing of rights to dispute or request original-creditor
      information —(1) Prohibition. During the validation period, a debt collector
      must not engage in any collection activities or communications that overshadow
      or are inconsistent with the disclosure of the consumer ''s rights to dispute
      the debt and to request the name and address of the original creditor . (2)
      Safe harbor. A debt collector who uses Model Form B-1 in appendix B to this
      part in a manner described in § 1006.34(d)(2) has not thereby violated paragraph
      (b)(1) of this section. (c) Requests for original-creditor information. Upon
      receipt of a request for the name and address of the original creditor submitted
      by the consumer in writing within the validation period, a debt collector must
      cease collection of the debt until the debt collector: (1) In general. Sends
      the name and address of the original creditor to the consumer in writing or
      electronically in the manner required by § 1006.42 ; or (2) Special rule if
      the current creditor and the original creditor are the same. In lieu of taking
      the actions described in paragraph (c)(1) of this section, reasonably determines
      that the original creditor is the same as the current creditor , notifies the
      consumer of that fact in writing or electronically in the manner required by
      § 1006.42, and refers the consumer to the validation information previously
      provided pursuant to § 1006.34(a)(1). (d) Disputes —(1) Failure to dispute.
      The failure of a consumer to dispute the validity of a debt does not constitute
      a legal admission of liability by the consumer . (2) Response to disputes. Upon
      receipt of a dispute submitted by the consumer in writing within the validation
      period, a debt collector must cease collection of the debt , or any disputed
      portion of the debt , until the debt collector: (i) Sends a copy either of verification
      of the debt or of a judgment to the consumer in writing or electronically in
      the manner required by § 1006.42 ; or (ii) In the case of a dispute that the
      debt collector reasonably determines is a duplicative dispute, either: (A) Notifies
      the consumer in writing or electronically in the manner required by § 1006.42(a)(1)
      that the dispute is duplicative, provides a brief statement of the reasons for
      the determination, and refers the consumer to the debt collector ''s response
      to the earlier dispute; or (B) Satisfies paragraph (d)(2)(i) of this section.
      [ 85 FR 76887 , Nov. 30, 2020, as amended at 86 FR 5856 , Jan. 19, 2021]'
  judgment: false
