Debt Validation Letter (Hawaii)

DEBT VALIDATION AND CEASE-COMMUNICATION LETTER — HAWAII

TABLE OF CONTENTS

1. Sender and Recipient Header
2. Subject Line and Account Identifier
3. Statement of Dispute
4. Demand for Validation
5. Cease Telephone Contact / Communication Restrictions
6. Hawaii Collection Agencies Act Demands
7. Reservation of Rights
8. Signature
9. Enclosures and Mailing Instructions
10. Hawaii Practice Notes
11. Sources and References

1. SENDER AND RECIPIENT HEADER

[CONSUMER FULL LEGAL NAME]

[STREET ADDRESS]

[CITY, HI ZIP]

[EMAIL — optional]

Date: [DATE]

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

Tracking No.: [________________________________]

To:

[COLLECTION AGENCY / DEBT COLLECTOR LEGAL NAME]

Attn: Compliance / Custodian of Records

[STREET ADDRESS]

[CITY, STATE ZIP]

2. SUBJECT LINE AND ACCOUNT IDENTIFIER

RE: NOTICE OF DISPUTE AND DEMAND FOR VALIDATION OF ALLEGED DEBT

3. STATEMENT OF DISPUTE

To Whom It May Concern:

This letter is sent in response to your communication dated [DATE OF FIRST DUNNING NOTICE] regarding the alleged debt referenced above.

I dispute this alleged debt in its entirety. This letter is my written notice of dispute under the Fair Debt Collection Practices Act, 15 U.S.C. § 1692g(b), and serves as a request that you cease collection activity and verify the debt before any further communication or reporting.

I do not waive any rights, defenses, or counterclaims by sending this letter, including without limitation defenses based on the statute of limitations, lack of standing, prior payment or settlement, identity theft, or improper assignment.

4. DEMAND FOR VALIDATION

Pursuant to 15 U.S.C. § 1692g(b) and 12 C.F.R. § 1006.34, I demand that you verify the alleged debt and provide me with the following documentation:

• ☐ The full name and last known address of the original creditor;
• ☐ A copy of the original signed contract, agreement, or instrument creating the alleged debt (or, if the alleged debt is not based on a written instrument, a clear statement of the basis for the obligation);
• ☐ A complete and itemized accounting of the alleged debt, showing principal, interest, fees, payments, credits, and the dates of each;
• ☐ Documentation establishing your authority to collect the alleged debt, including the complete chain of title or assignment from the original creditor to your office;
• ☐ The date of charge-off and the date of last payment by the alleged debtor;
• ☐ A statement of whether the alleged debt is within the applicable statute of limitations;
• ☐ Evidence that you are licensed to act as a collection agency in the State of Hawaii under Haw. Rev. Stat. ch. 443B (license number, expiration date, and registered Hawaii office address), or a statement of any claimed exemption.

Until you have provided written verification of the alleged debt, you must immediately cease all collection activity, including but not limited to telephone calls, letters, electronic messages, and credit-bureau reporting, in compliance with 15 U.S.C. § 1692g(b).

If you have already reported this alleged debt to any consumer reporting agency, you must mark the tradeline as disputed by the consumer pursuant to 15 U.S.C. § 1692e(8) and the Fair Credit Reporting Act, 15 U.S.C. § 1681s-2.

5. CEASE TELEPHONE CONTACT / COMMUNICATION RESTRICTIONS

Pursuant to 15 U.S.C. § 1692c(a) and Haw. Rev. Stat. § 443B-19, I instruct you as follows:

• ☐ Do not telephone me at any number, including my mobile phone, my home phone, or my place of employment;
• ☐ Do not contact any third party (including family, friends, neighbors, or my employer) about this alleged debt;
• ☐ All future communication must be in writing and sent only to the postal address shown above;
• ☐ Do not contact me before 8:00 a.m. or after 9:00 p.m. local time, in compliance with 15 U.S.C. § 1692c(a)(1) and HRS § 443B-19;
• ☐ I revoke any prior consent to be contacted by automated telephone dialing system, prerecorded voice, or text message under the Telephone Consumer Protection Act, 47 U.S.C. § 227.

If I am represented by an attorney whose name and address you know or can readily ascertain, all communication must be directed to that attorney. [OPTIONAL: My attorney is [NAME], reachable at [ADDRESS / PHONE].]

6. HAWAII COLLECTION AGENCIES ACT DEMANDS

Hawaii Revised Statutes Chapter 443B requires collection agencies operating in Hawaii to be licensed by the Department of Commerce and Consumer Affairs. A violation of Chapter 443B is automatically a violation of HRS § 480-2 under HRS § 443B-20, exposing you to private liability under HRS § 480-13(b)(1) for the greater of $1,000 or treble actual damages, plus attorney's fees and costs.

I demand the following Hawaii-specific disclosures:

• ☐ Your Hawaii collection-agency license number and the name of your designated principal collector;
• ☐ Confirmation that you maintain a regular active business office in Hawaii (or the basis for any out-of-state exemption under HRS § 443B-3.5);
• ☐ Confirmation that you have not added any collection fee, attorney's fee, or commission to the alleged Debt in violation of HRS § 443B-15.

Failure to verify the debt and to provide the foregoing disclosures will be evidence of unfair or deceptive acts or practices actionable under HRS § 480-2 and § 480-13.

7. RESERVATION OF RIGHTS

This letter is not, and shall not be construed as, an acknowledgment of the alleged debt, a promise to pay, a waiver of any defense, or a tolling of any statute of limitations. I reserve all rights, claims, defenses, and remedies.

If your records show that this debt is not mine, that it has been paid or settled, or that it is barred by the statute of limitations, please cease all collection activity and notify all consumer reporting agencies to delete any reporting of this account.

If the alleged debt was incurred as a result of identity theft, I will be filing or have filed an FTC Identity Theft Report (IdentityTheft.gov) and a police report; provide me with the application, signature card, or other transactional records you maintain, and identify the date and amount of each charge, pursuant to 15 U.S.C. § 1681g(e) and § 1692e.

8. SIGNATURE

Sincerely,

[________________________________]

[CONSUMER NAME]

Date: [__/__/____]

9. ENCLOSURES AND MAILING INSTRUCTIONS

Enclosures:

• ☐ Copy of dunning letter dated [DATE] (Exhibit A);
• ☐ Copy of envelope and postmark (Exhibit B);
• ☐ [Optional] FTC Identity Theft Report (Exhibit C);
• ☐ [Optional] Police report number [________________________________] (Exhibit D).

Mailing checklist:

• ☐ Print and sign the original letter;
• ☐ Make and retain at least two complete copies;
• ☐ Mail by USPS Certified Mail with Return Receipt Requested (green card);
• ☐ Save certified-mail receipt and tracking number;
• ☐ Calendar 30 days for collector response and 60 days to assess credit-report dispute follow-up;
• ☐ Save all subsequent collector communications as they may constitute additional FDCPA / HRS § 443B violations.

10. HAWAII PRACTICE NOTES

• Timing. A dispute mailed within 30 days of the collector's first written notice triggers § 1692g(b) and freezes collection until verification. After 30 days, the validation freeze does not apply, but the collector still cannot misrepresent the debt or the consumer's rights.
• Treble damages. HRS § 480-13(b)(1) provides the greater of $1,000 or threefold actual damages plus attorney's fees and costs — not 3x compensatory + 1x compensatory.
• Licensing leverage. Confirm collector licensure on the DCCA Professional and Vocational Licensing site (https://pvl.ehawaii.gov/pvlsearch/). Unlicensed collection activity is itself an HRS § 443B violation and per se HRS § 480-2 violation.
• Hours. Hawaii caps phone contact at 8:00 a.m. to 9:00 p.m. (HRS § 443B-19), mirroring FDCPA § 1692c(a)(1).
• Statute of limitations on the underlying debt. Most written contracts: six years (HRS § 657-1(1)). Open accounts: six years from accrual. Time-barred-debt collection without disclosure is deceptive.
• TCPA preservation. Including the consent-revocation language preserves a parallel TCPA claim if the collector continues robocalls or texts.
• Identity-theft pairing. If the dispute is identity-theft based, also file IdentityTheft.gov and request an FCRA § 605B block; see the companion ID Theft Affidavit template.
• Recordkeeping. Save voicemails, screenshots, and call logs in date order; many Hawaii cases turn on the call records and timing of communications.

11. 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. Part 1006 (Reg. F) — https://www.ecfr.gov/current/title-12/chapter-X/part-1006
• Haw. Rev. Stat. § 480-2 — https://www.capitol.hawaii.gov/hrscurrent/vol11_ch0476-0490/hrs0480/hrs_0480-0002.htm
• Haw. Rev. Stat. § 480-13 — https://www.capitol.hawaii.gov/hrscurrent/vol11_ch0476-0490/hrs0480/hrs_0480-0013.htm
• Haw. Rev. Stat. ch. 443B — https://www.capitol.hawaii.gov/hrscurrent/Vol10_Ch0436-0474/HRS0443B/HRS_0443B-.htm
• DCCA Office of Consumer Protection — https://cca.hawaii.gov/ocp/
• DCCA PVL Collection Agencies — https://cca.hawaii.gov/pvl/boards/collection/
• CFPB sample debt-validation letters — https://www.consumerfinance.gov/consumer-tools/debt-collection/

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Hawaii must review and customize this document before use. Laws, citations, and court rules change frequently; verify all authorities before sending.