If you’ve just encountered the term “notice provision” as a legal term, you may not know exactly what it means-- like many technical terms, its meaning in the legal arena is quite specific. However, understanding notice provisions is very helpful, especially if you’re considering filing an FDCPA claim.
Notice Provisions Simplified
A notice provision, which is also known as a notice clause, is a part of a contract that states how the parties within it should contact each other. For example, if you have an organization loaning you money that you have to pay in monthly installments, there may be a notice provision in the contract you sign that states that the organization can contact you electronically or by postal service.
Notice provisions are particularly important when it comes to financial agreements. This is because they guarantee that everyone is on the same page about billing and contacting one another while you are paying off the debt.
Notice Provisions and the FDCPA
If a company is violating a notice provision, then that company may be communicating with you in an illegal way. For example, a company may send you a bunch of embarrassing mail that clearly states that it comes from a third-party collector even though you agreed to electronic communication only.
Not only are those mailings illegal under the notice provision you agreed to-- they’re also illegal under the FDCPA laws. If this situation sounds similar to yours, think about contacting an FDCPA attorney who can file a claim on your behalf.