FDCPA Debt Validation Letter (Ohio)

DEBT VALIDATION LETTER — OHIO

1. SENDER INFORMATION

[CONSUMER FULL LEGAL NAME]

[STREET ADDRESS]

[CITY, OH 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) — 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), and CFPB Regulation F, 12 C.F.R. § 1006.34.

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;

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

☐ The itemization date required by 12 C.F.R. § 1006.34(b)(3) (last statement, charge-off, last payment, transaction, or judgment date);

☐ 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) are licensed, registered, or otherwise authorized to collect debts in Ohio, to the extent any such authorization is required (including any registration with the Ohio Secretary of State, Ohio Department of Commerce, Division of Financial Institutions, or other agency);

☐ 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 Ohio Consumer Sales Practices Act, Ohio Rev. Code § 1345.01 et seq., for rescission, actual economic damages, up to $5,000 in noneconomic damages, and — where the violation has been declared deceptive or unconscionable by an Ohio AG rule under Ohio Rev. Code § 1345.05(B)(2) (e.g., Ohio Adm. Code 109:4-3-11) or by an Ohio court decision in the AG's Public Inspection File (now OPIF, opif.ohioattorneygeneral.gov) prior to your conduct — three times my actual economic damages or $200, whichever is greater, plus reasonable attorney's fees under § 1345.09(F);
• A complaint to the Ohio Attorney General Consumer Protection Section (30 E. Broad St., 14th Fl., Columbus, OH 43215; (800) 282-0515; ohioattorneygeneral.gov) and the federal Consumer Financial Protection Bureau (consumerfinance.gov/complaint);
• A dispute with each consumer reporting agency to which you have reported the Alleged Debt, and any further FCRA action that may follow.

7. CLOSING

I expect a written response containing the validation items listed in Section 6.1 within a reasonable time. 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: [__/__/____]

8. 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)

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

10. OHIO PRACTICE NOTES

• 30-day clock starts on receipt, not mailing. The FDCPA validation right runs from the consumer's receipt of the collector's initial g-notice. Document the date the consumer received the notice (envelope postmark, "received on" notation). If timing is contested, send the dispute as soon as possible.
• Out-of-statute debts. Ohio's contract limitations periods are: written contracts — eight years (Ohio Rev. Code § 2305.06, as amended in 2012 from fifteen years and again in 2021); oral contracts — six years (§ 2305.07); promissory notes — six years (§ 1303.16). Borrower acknowledgment or partial payment may revive a time-barred debt. Counsel should advise consumers not to make any payment or written acknowledgment without legal advice. (Ohio also recognizes a borrowing statute, § 2305.03(B), shortening limits where the cause of action accrued in another state with a shorter limit.)
• Debt collection IS a consumer transaction in Ohio. Celebrezze v. United Research, Inc., 19 Ohio App. 3d 49 (1984), and the OAG's enforcement track confirm OCSPA reach to third-party debt collection. Ohio Adm. Code 109:4-3-11 codifies extensive prohibitions specific to debt-collection conduct.
• OCSPA leverage and the treble-damages predicate. Treble damages or the $200 floor under Ohio Rev. Code § 1345.09(B) become available only when the conduct had been declared unfair, deceptive, or unconscionable by an OAG rule under § 1345.05(B)(2) (e.g., the 109:4-3-11 series) or by an Ohio court decision in the AG's Public Inspection File (OPIF) BEFORE the consumer transaction. Cite the specific rule or PIF/OPIF case in any subsequent demand or complaint.
• OCSPA limitations and FDCPA limitations. OCSPA actions: two years (Ohio Rev. Code § 1345.10(C)). FDCPA actions: one year (15 U.S.C. § 1692k(d)). Calendar both. The validation letter does not toll either period.
• Ohio debt-collector licensing. Ohio does not maintain a comprehensive third-party debt-collector license. Out-of-state collectors must register with the Ohio Secretary of State to do business and may need a Division of Financial Institutions license for certain consumer-loan activity (Ohio Rev. Code Chapter 1321). Demand documentation of any required authorization.
• 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.

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 (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
• Ohio Rev. Code § 1345.01 — https://codes.ohio.gov/ohio-revised-code/section-1345.01
• Ohio Rev. Code § 1345.02 — https://codes.ohio.gov/ohio-revised-code/section-1345.02
• Ohio Rev. Code § 1345.09 — https://codes.ohio.gov/ohio-revised-code/section-1345.09
• Ohio Rev. Code § 1345.10 (Limitations) — https://codes.ohio.gov/ohio-revised-code/section-1345.10
• Ohio Adm. Code 109:4-3-11 (Debt collection) — https://codes.ohio.gov/ohio-administrative-code/rule-109:4-3-11
• Ohio Rev. Code § 2305.06 (Eight-year written contracts) — https://codes.ohio.gov/ohio-revised-code/section-2305.06
• Ohio Rev. Code § 2305.07 (Six-year oral contracts) — https://codes.ohio.gov/ohio-revised-code/section-2305.07
• Ohio Rev. Code § 1303.16 (UCC six-year limit on notes) — https://codes.ohio.gov/ohio-revised-code/section-1303.16
• Celebrezze v. United Research, Inc., 19 Ohio App. 3d 49 (1984)
• Ohio AG Online Public Inspection File (OPIF) — https://opif.ohioattorneygeneral.gov/
• Ohio Attorney General Consumer Protection Section — https://www.ohioattorneygeneral.gov/Individuals-and-Families/Consumers/File-A-Complaint
• CFPB consumer complaint portal — https://www.consumerfinance.gov/complaint/

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