Debt Validation Letter (FDCPA § 1692g + Arizona Collection Agency Act)

DEBT VALIDATION REQUEST AND DISPUTE LETTER

TABLE OF CONTENTS

1. Sender Block
2. Recipient Block
3. Subject Line
4. Body of Letter
5. Specific Validation Demands
6. Cease Collection Demand
7. Arizona Collection Agency Act Notice
8. Reservation of Rights
9. Signature
10. Mailing and Recordkeeping Checklist
11. Arizona Practice Notes
12. Sources and References

1. SENDER BLOCK

[CONSUMER FULL NAME]

[STREET ADDRESS]

[CITY, AZ ZIP]

Date: [__/__/____]

2. RECIPIENT BLOCK

Sent via U.S. Certified Mail, Return Receipt Requested

Tracking No.: [________________________________]

[DEBT COLLECTOR / AGENCY NAME]

Attn: Compliance / Consumer Disputes

[STREET ADDRESS]

[CITY, STATE ZIP]

3. SUBJECT LINE

Re: Written Dispute and Request for Validation of Debt

Account / Reference No.: [________________________________]

Alleged Creditor: [________________________________]

Alleged Amount: $[__________]

Date of Initial Communication: [__/__/____]

4. BODY OF LETTER

To Whom It May Concern:

This letter is my written notice that I dispute the above-referenced alleged debt, in whole and in every part, and request that you provide validation of the debt pursuant to 15 U.S.C. § 1692g(b), Regulation F at 12 C.F.R. §§ 1006.34 and 1006.38, and the Arizona Collection Agency Act, A.R.S. § 32-1001 et seq.

I received your validation information on [__/__/____]. I am sending this dispute within the validation period, which ends thirty (30) days after receipt of that information under 12 C.F.R. § 1006.34(b)(5). [Confirm the receipt date and timing before sending; remove this sentence if the dispute is outside that period.]

I do not admit the existence, ownership, character, amount, or legal status of any debt to you, your client, or any other party. Any prior contact between us shall not be construed as an acknowledgment, waiver, or admission.

5. SPECIFIC VALIDATION DEMANDS

Pursuant to 15 U.S.C. § 1692g(b) and 12 C.F.R. § 1006.34, please provide me with the following written verification within a reasonable time and prior to any further collection activity:

☐ The full name and address of the original creditor;

☐ The date the alleged debt was incurred;

☐ The date of last payment, last activity, or charge-off;

☐ A complete itemized statement of the alleged debt, including principal, interest, fees, and charges, broken out by category and date;

☐ A copy of the original signed contract, application, or other agreement evidencing the alleged debt;

☐ A copy of all assignments, bills of sale, or chain-of-title documents showing your authority (or your client's authority) to collect the alleged debt;

☐ Documentation showing that the alleged debt has not exceeded the applicable Arizona statute of limitations (six years for written contracts under A.R.S. § 12-548; three years for open accounts under A.R.S. § 12-543);

☐ Proof that you are licensed to engage in collection activity in Arizona under A.R.S. § 32-1001 et seq., including your DIFI license number;

☐ A copy of the validation notice required by 15 U.S.C. § 1692g(a) and 12 C.F.R. § 1006.34, if not already provided.

6. CEASE COLLECTION DEMAND

Until full validation has been mailed to me, you must cease all collection activity with respect to the alleged debt, as required by 15 U.S.C. § 1692g(b). This includes, without limitation:

☐ All telephone calls;

☐ All electronic communications, text messages, and emails;

☐ All written correspondence other than the validation response;

☐ All credit-bureau reporting and reverification activity;

☐ All legal action, garnishment, levy, or repossession threats.

In addition, pursuant to 15 U.S.C. § 1692c(c), I notify you in writing that I want further communication concerning this alleged debt to cease, except (a) to advise that further efforts are being terminated; (b) to notify me that you or the creditor may invoke specified remedies ordinarily invoked; or (c) where applicable, to notify me that you or the creditor intends to invoke a specified remedy.

7. ARIZONA COLLECTION AGENCY ACT NOTICE

Subject to the Arizona Collection Agency Act's definitions and applicable exclusions or exemptions, A.R.S. § 32-1055(A) makes it unlawful to conduct a collection agency in Arizona without first applying for and obtaining a license. Please identify the legal name under which you are licensed by the Arizona Department of Insurance and Financial Institutions (DIFI).

Please confirm in writing your DIFI license number and license status, or identify the exclusion or exemption on which you rely. If your activity requires an Arizona collection-agency license and you lack one, cease the activity that requires that license.

8. RESERVATION OF RIGHTS

I expressly reserve all rights and remedies, including but not limited to:

• Filing suit under the FDCPA, 15 U.S.C. § 1692k, for actual damages, statutory damages up to $1,000, costs, and reasonable attorney's fees;
• Pursuing an Arizona Consumer Fraud Act claim under A.R.S. § 44-1522 if separate facts establish deception in the sale or advertisement of merchandise and a private remedy is available;
• Filing complaints with the Consumer Financial Protection Bureau (https://www.consumerfinance.gov/complaint/), the Arizona Attorney General's Consumer Information and Complaints Unit (https://www.azag.gov/complaints/consumer), and DIFI (https://difi.az.gov/);
• Disputing any credit-bureau tradeline associated with this alleged debt under the Fair Credit Reporting Act, 15 U.S.C. § 1681s-2.

This letter is not a full and complete statement of all my rights, claims, and defenses, all of which are expressly reserved.

9. SIGNATURE

Sincerely,

[________________________________]

[CONSUMER PRINTED NAME]

[Phone (optional)]: [(___) ___-____]

[Email (optional)]: [________________________________]

Enclosures: ☐ Copy of original communication; ☐ Other: [________________________________]

cc (optional): ☐ Arizona Attorney General; ☐ DIFI; ☐ CFPB

10. MAILING AND RECORDKEEPING CHECKLIST

☐ Letter sent via U.S. Certified Mail, Return Receipt Requested

☐ Tracking number recorded above

☐ Photocopy of signed letter retained with sender's records

☐ Original certified-mail receipt retained

☐ Green card (return receipt) retained when received

☐ Calendar tickler set 30 / 60 / 90 days after mailing

☐ Copy uploaded to cloud or attorney file

☐ Credit-report dispute letters prepared (if applicable)

11. ARIZONA PRACTICE NOTES

• Timing. The 30-day dispute window begins when the consumer receives the validation notice required by § 1692g(a), not when the underlying debt was incurred. Mail the dispute promptly and use certified mail to preserve proof.
• Effect of timely dispute. Once the consumer disputes in writing within 30 days, the collector must cease collection of the disputed debt or any disputed portion until verification is mailed (15 U.S.C. § 1692g(b)). Continuing collection activity without sending verification is a per-se FDCPA violation.
• Late dispute still useful. A dispute sent after the 30-day window does not trigger the cease-collection rule but is still relevant under § 1692e(8) (failure to communicate the disputed status to credit bureaus) and may support an FCRA claim.
• Arizona statute of limitations. Written contracts: six years (A.R.S. § 12-548). Open accounts and oral contracts: three years (A.R.S. §§ 12-543, 12-544). Credit-card debt is treated as a written contract under Mertola, LLC v. Santos, 244 Ariz. 488 (2018).
• Licensing. Verify the collector's DIFI license at https://difi.az.gov/. Section 32-1055(A) makes unlicensed collection-agency conduct in Arizona unlawful, subject to the chapter's definitions and applicable exclusions or exemptions. Do not assume that licensing status alone establishes an ACFA or FDCPA claim; counsel must identify and plead the elements of an available cause of action.
• Do not pay. Even a small payment may restart the limitations clock under Arizona law (Mertola tolling rules). Validate first; pay (if at all) only after the debt is verified and documented.
• Credit-bureau dispute. After sending the validation request, dispute the tradeline directly with each consumer reporting agency under 15 U.S.C. § 1681i to require reinvestigation.

12. SOURCES AND REFERENCES

• 15 U.S.C. § 1692g (Validation of debts) — https://www.law.cornell.edu/uscode/text/15/1692g
• 15 U.S.C. § 1692c (Communication restrictions) — https://www.law.cornell.edu/uscode/text/15/1692c
• 12 C.F.R. § 1006.34 (Regulation F validation notice) — https://www.consumerfinance.gov/rules-policy/regulations/1006/34/
• A.R.S. Title 32, Chapter 9 (Collection Agencies) — https://www.azleg.gov/arsDetail/?title=32
• A.R.S. § 32-1055 (Unlawful acts) — https://www.azleg.gov/ars/32/01055.htm
• A.R.S. § 12-548 (Written-contract limitations) — https://www.azleg.gov/ars/12/00548.htm
• A.R.S. § 12-543 (Open-account limitations) — https://www.azleg.gov/ars/12/00543.htm
• Arizona DIFI Licensee Search — https://difi.az.gov/
• CFPB Consumer Complaint Portal — https://www.consumerfinance.gov/complaint/
• Arizona AG Consumer Complaints — https://www.azag.gov/complaints/consumer
• Mertola, LLC v. Santos, 244 Ariz. 488 (2018)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. Have this letter reviewed by an Arizona-licensed attorney before sending, particularly if the debt is large, in active litigation, or involves identity theft.