FDCPA Debt Validation Letter (Indiana)

DEBT VALIDATION LETTER AND IDCSA CURE NOTICE — INDIANA

1. SENDER INFORMATION

[CONSUMER FULL LEGAL NAME]

[STREET ADDRESS]

[CITY, IN ZIP]

[PHONE]

[EMAIL]

2. DELIVERY METHOD AND TRACKING

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

Article No.: [____________________________________]

[Optional duplicate by First-Class Mail and email]

3. DATE

[DATE]

4. RECIPIENT INFORMATION

[DEBT COLLECTOR ENTITY NAME]

Attn: Compliance / FDCPA Dispute Department

[STREET ADDRESS]

[CITY, STATE ZIP]

Reference / Account No.: [________________________________]

Original Creditor (if known): [________________________________]

Amount Demanded: $[__________]

5. SUBJECT LINE

RE: Notice of Dispute and Demand for Validation under 15 U.S.C. § 1692g(b); Pre-Suit Notice under Ind. Code § 24-5-0.5-5(a) — Account Reference [______________]

6. BODY OF LETTER

To Whom It May Concern:

I am the consumer identified above. This letter is timely written notice, delivered within thirty (30) days of my receipt of your initial communication concerning the above-referenced alleged debt (the "Alleged Debt"), that I dispute the validity of the Alleged Debt — in whole and in any portion thereof — and that I formally request validation pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692g(b).

This letter additionally constitutes pre-suit notice of an alleged deceptive consumer sales act pursuant to Ind. Code § 24-5-0.5-5(a) of the Indiana Deceptive Consumer Sales Act ("IDCSA").

Until you have obtained verification and mailed it to me at the address above, you must CEASE ALL COLLECTION ACTIVITY concerning the Alleged Debt, including (without limitation) telephone calls, letters, emails, text messages, lawsuits, garnishment efforts, and reporting to consumer reporting agencies.

6.1. Specific Items I Demand You Produce

To validate the Alleged Debt, please mail to me at the address above:

☐ The name and address of the original creditor, if different from the entity to which the debt is currently owed;

☐ A complete chain of title for the Alleged Debt, including all assignments, sales, or transfers, with corresponding bills of sale, assignment agreements, or other proof of your authority to collect;

☐ A copy of the original signed contract, promissory note, credit application, or other instrument that gave rise to the Alleged Debt;

☐ A complete itemized accounting showing the original principal, all charges, all interest, all fees, all payments, and all credits, from inception to the date of your letter, including the Validation Information required by 12 C.F.R. § 1006.34 (CFPB Regulation F), including the itemization date and a "Validation Information" section;

☐ The dates of (i) the last payment, (ii) the date of first delinquency, and (iii) the date of charge-off;

☐ A statement of the method of calculation for any post-charge-off interest or fees you claim;

☐ The amount you paid (or that any prior assignee paid) to acquire the Alleged Debt, if you are a debt buyer;

☐ Proof that you (or, if applicable, the entity for whom you collect) hold a current collection agency license issued by the Indiana Secretary of State under Ind. Code § 25-11-1-3, including the license number and current $20,000 surety bond information; OR a written explanation of the basis on which you claim the "incidental contact" exemption under Ind. Code § 25-11-1-2(c);

☐ The identity and contact information of any person who possesses personal knowledge of the records concerning the Alleged Debt sufficient to lay a foundation in any litigation.

6.2. Notices and Reservations

a. Cease Collection. Pursuant to 15 U.S.C. § 1692g(b), you must cease all collection of the Alleged Debt until you mail the verification described above to me at the address shown.

b. Credit Reporting. If you have reported, or hereafter report, the Alleged Debt to any consumer reporting agency, you are obligated under 15 U.S.C. § 1692e(8) and 15 U.S.C. § 1681s-2(a)(1)(B) to communicate that the Alleged Debt is disputed. Failure to do so is an FDCPA and FCRA violation.

c. Communication Restrictions. Until validation is provided, please communicate with me only in writing, at the address above. Do not call any telephone number, do not contact me at my place of employment, and do not contact any third party (employer, family member, neighbor, or social-media contact) regarding the Alleged Debt.

d. No Admission. Nothing in this letter is an admission of liability for the Alleged Debt, an acknowledgment of any underlying obligation, or a waiver of any right or defense. I expressly reserve all rights, claims, and defenses, including without limitation defenses of statute of limitations, lack of standing, lack of personal jurisdiction, identity theft, payment, accord and satisfaction, and discharge in bankruptcy.

e. Attorney Representation. ☐ I am represented by counsel: [ATTORNEY NAME / FIRM / ADDRESS / PHONE]. All future communications must be directed to counsel pursuant to 15 U.S.C. § 1692c(a)(2). ☐ I am not currently represented by counsel.

f. Record Retention. You are on notice to preserve all recordings, call logs, scripts, training materials, account notes, and electronic data concerning my account. Spoliation may result in adverse evidentiary inferences in any subsequent proceeding.

6.3. Consequences of Continued Collection Without Validation

If you continue collection activity without first mailing the verification described above, I will pursue all available remedies, which may include:

• A civil action under 15 U.S.C. § 1692k for actual damages, statutory damages of up to $1,000, and reasonable attorney's fees and costs;
• A civil action under the Indiana Deceptive Consumer Sales Act, Ind. Code § 24-5-0.5-1 et seq., for the greater of actual damages or $500 per uncured deceptive act, treble damages on willful violations (capped at $1,000), and reasonable attorney's fees under Ind. Code § 24-5-0.5-4(a) and (d);
• If applicable, treble damages as a senior consumer (age 60 or older) under Ind. Code § 24-5-0.5-4(j);
• A complaint to the Consumer Financial Protection Bureau, the Indiana Attorney General's Consumer Protection Division (Government Center South, 302 W. Washington Street, 5th Floor, Indianapolis, IN 46204; (800) 382-5516), and the Indiana Secretary of State's Business Services Division (regarding licensing under the Indiana Collection Agency Act);
• A dispute with each consumer reporting agency to which you have reported the Alleged Debt, and any further FCRA action that may follow.

7. INDIANA DECEPTIVE CONSUMER SALES ACT — NOTICE OF CURE

This Section 7 also serves as the consumer's pre-suit notice required by Ind. Code § 24-5-0.5-5(a).

7.1. Nature of the Alleged Deceptive Act

You have engaged in conduct that constitutes a deceptive act under Ind. Code § 24-5-0.5-3, including, without limitation:

• [DESCRIBE — e.g., misrepresenting the legal status, character, or amount of the Alleged Debt];
• [DESCRIBE — e.g., representing that you have authority or licensing to collect when you do not];
• [DESCRIBE — e.g., threatening legal action that you do not intend to take or cannot lawfully take];
• [DESCRIBE — e.g., placing repeated harassing calls in violation of FDCPA standards];
• [DESCRIBE — e.g., reporting the Alleged Debt to consumer reporting agencies without indicating it is disputed];
• [Other specific conduct].

7.2. Actual Damage Suffered

As a result of the foregoing conduct, the consumer has suffered actual damage including, without limitation: [describe — out-of-pocket costs of $___; emotional distress; lost wages and time; harm to credit reputation including denial of credit on [date]; charges and fees of $___; expenses of postage, certified mail, and document preparation of $___].

7.3. Thirty-Day Cure Period

Pursuant to Ind. Code § 24-5-0.5-5(a) and Ind. Code § 24-5-0.5-2(a)(7) and (10), you have THIRTY (30) DAYS from your receipt of this letter to make an "offer to cure" that is reasonably calculated to remedy the loss claimed and that includes the additional amount required by statute (the greater of ten percent of the value of the remedy, capped at $4,000, or $500, as compensation for the consumer's attorney's fees, expenses, and costs).

If you fail to make a timely offer to cure, fail to make an offer reasonably calculated to remedy the loss, or fail to perform a cure timely accepted within a reasonable time, the deceptive act will be deemed "uncured" and the consumer will pursue the IDCSA remedies described in Section 6.3 above and the Indiana Collection Agency Act remedies of Ind. Code § 25-11-1.

7.4. Reservation as to "Incurable Deceptive Acts"

Nothing in this notice waives the consumer's right to allege that any of the conduct described above was undertaken as part of a scheme, artifice, or device with intent to defraud or mislead, and therefore constitutes an "incurable deceptive act" under Ind. Code § 24-5-0.5-2(a)(8) for which no pre-suit notice is required.

8. CLOSING

I expect a written response containing the validation items listed in Section 6.1 within a reasonable time, and a written offer to cure (if any) within thirty (30) days of your receipt of this letter. If you cannot produce the requested validation, you must withdraw the Alleged Debt, cease all collection, and instruct any consumer reporting agency to delete any tradeline reflecting the Alleged Debt.

Sincerely,

[________________________________]

[CONSUMER NAME — printed]

Date signed: [__/__/____]

9. ENCLOSURES / ATTACHMENTS

• Exhibit A — Copy of Defendant's initial collection notice (if attached)
• Exhibit B — Copy of any disputed billing or account statement
• Exhibit C — Identification documents (where appropriate, redact full SSN)

10. PROOF OF MAILING (For Sender's File)

11. INDIANA PRACTICE NOTES

• Dual-purpose letter is best practice. Drafting one letter that satisfies both 15 U.S.C. § 1692g(b) and Ind. Code § 24-5-0.5-5(a) preserves the FDCPA cease-collection right AND ripens any future IDCSA claim. The Cure Notice must "state fully" the nature of the deceptive act and the actual damage suffered — boilerplate is insufficient.
• 30-day clock starts on receipt for FDCPA; 30-day cure runs from supplier's receipt of notice for IDCSA. Document the date the consumer received the collector's g-notice (envelope postmark, "received on" notation) and the date the collector received the consumer's letter (RRR green card). Both dates are litigation-critical.
• IDCSA outer time limits. Notice must be sent within the SOONER of (i) six months after initial discovery of the deceptive act, (ii) one year after the consumer transaction, or (iii) any time limitation of not less than thirty days within an applicable warranty period (Ind. Code § 24-5-0.5-5(a)). A late notice forfeits the "uncured" theory; the "incurable" theory remains available where intent supports it.
• Out-of-statute debts. Indiana's general written-contract limitations period is six years (Ind. Code § 34-11-2-9), and most open-account / oral-contract claims are also six years (Ind. Code § 34-11-2-7). Reaching back into a time-barred debt with a partial payment or written acknowledgment can revive the limitations period. Counsel should advise consumers not to make any payment or written acknowledgment without legal advice.
• Indiana Collection Agency Act licensing. Most third-party collectors operating in Indiana must hold a current Indiana Secretary of State collection agency license under Ind. Code § 25-11-1-3, with a $20,000 surety bond and license expiring December 31 each year. The "incidental contact" exemption (interstate communications by a nonresident agency) is narrow. Verify status at https://inbiz.in.gov; demand the license number in Section 6.1. Unlicensed collection is itself deceptive conduct under the IDCSA and § 1692e(5) of the FDCPA.
• CFPB Regulation F (effective Nov. 30, 2021). 12 C.F.R. § 1006.34 prescribes specific content for the validation notice, including an itemization date and a "Validation Information" section. Many older form letters from collectors are non-compliant. Cite Regulation F in any subsequent litigation if the initial notice failed to comply.
• Cease communication option. If the consumer wants the collector to stop ALL communications (not merely cease collection pending validation), include an express § 1692c(c) notice. After receipt of a § 1692c(c) "cease communication" letter, the collector may communicate only to (i) advise that further efforts are being terminated, (ii) notify of specified remedies, or (iii) notify that a specified remedy will be invoked. Be mindful that a cease-communication letter does NOT eliminate the underlying debt and may accelerate the collector's filing suit.
• Identity-theft track. If the consumer asserts the debt resulted from identity theft, use the dedicated ID theft affidavit and FCRA § 1681c-2 block process; this validation letter is not a substitute for that procedure.

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 (Communications) — https://www.law.cornell.edu/uscode/text/15/1692c
• 15 U.S.C. § 1692e (Misrepresentations) — https://www.law.cornell.edu/uscode/text/15/1692e
• 12 C.F.R. § 1006.34 (CFPB Regulation F validation requirements) — https://www.consumerfinance.gov/rules-policy/regulations/1006/34/
• 15 U.S.C. § 1681s-2 (FCRA furnisher duties) — https://www.law.cornell.edu/uscode/text/15/1681s-2
• Ind. Code § 24-5-0.5 (IDCSA) — https://iga.in.gov/laws/2024/ic/titles/24/#24-5-0.5
• Ind. Code § 24-5-0.5-3 (Enumerated deceptive acts) — https://law.justia.com/codes/indiana/title-24/article-5/chapter-0-5/section-24-5-0-5-3/
• Ind. Code § 24-5-0.5-4 (Damages; offer to cure) — https://law.justia.com/codes/indiana/title-24/article-5/chapter-0-5/section-24-5-0-5-4/
• Ind. Code § 24-5-0.5-5 (Pre-suit notice and limitations) — https://law.justia.com/codes/indiana/title-24/article-5/chapter-0-5/section-24-5-0-5-5/
• Ind. Code § 25-11-1 (Indiana Collection Agency Act) — https://iga.in.gov/laws/2024/ic/titles/25/#25-11-1
• Ind. Code § 34-11-2-7 (six-year limitations) — https://iga.in.gov/laws/2024/ic/titles/34/#34-11-2-7
• Ind. Code § 34-11-2-9 (written contract limitations) — https://iga.in.gov/laws/2024/ic/titles/34/#34-11-2-9
• Indiana Secretary of State — InBiz portal — https://inbiz.in.gov
• Indiana AG Consumer Protection Division — https://www.in.gov/attorneygeneral/consumer-protection-division/
• CFPB (consumer complaint portal) — https://www.consumerfinance.gov/complaint/

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. The IDCSA Notice of Cure prerequisite under Ind. Code § 24-5-0.5-5(a) is a precondition to a private "uncured deceptive act" claim and must be satisfied before suit. An attorney licensed in Indiana must review and customize this document before use. Laws, citations, and court rules change frequently; verify all authorities before use.