FDCPA Debt Validation Letter (Tennessee)

FDCPA DEBT VALIDATION AND DISPUTE LETTER — TENNESSEE

TABLE OF CONTENTS

1. Header / Sender Block
2. Recipient Block
3. Subject Line and Reference
4. Notice of Dispute and Demand for Verification
5. Specific Items Demanded
6. Cease Collection Instructions
7. Limited Communication Instruction
8. Reservation of Rights — FDCPA and TCPA
9. Signature
10. Mailing and Recordkeeping Checklist
11. Tennessee Practice Notes
12. Sources and References

1. HEADER / SENDER BLOCK

[CONSUMER FULL NAME]

[STREET ADDRESS]

[CITY, TN ZIP]

[(___) ___-____]

[EMAIL]

Date: [__/__/____]

2. RECIPIENT BLOCK

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

Tracking No.: [________________________________]

[DEBT COLLECTOR NAME]

Attn: Compliance / Validation Department

[STREET ADDRESS]

[CITY, STATE ZIP]

3. SUBJECT LINE AND REFERENCE

Re: Notice of Dispute and Demand for Verification under 15 U.S.C. § 1692g(b)

Account / Reference No.: [ACCOUNT NUMBER]

Original Creditor (as alleged): [ORIGINAL CREDITOR]

Amount alleged: $[AMOUNT]

Date of collector's initial communication: [__/__/____]

4. NOTICE OF DISPUTE AND DEMAND FOR VERIFICATION

Dear Sir or Madam:

This letter is sent within thirty (30) days of my receipt of your initial communication concerning the above-referenced account. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692g(b), and Regulation F, 12 C.F.R. § 1006.38, I hereby:

• (a) Dispute the debt in its entirety;
• (b) Demand verification of the debt; and
• (c) Demand the name and address of the original creditor if different from the current creditor.

You must cease all collection activities concerning this debt until you mail me verification of the debt as required by law.

5. ADDITIONAL ITEMS REQUESTED

To help me evaluate the account, please provide the following, if available:

• ☐ A copy of the original signed contract, application, or other instrument creating the alleged debt;
• ☐ A complete account history, including the date the account was opened, the date of last payment, and the date of first delinquency;
• ☐ An itemization of the current balance, broken out by principal, interest, fees, and any other charges, in the form required by 12 C.F.R. § 1006.34(c)(2);
• ☐ Documentation of the chain of assignment from the original creditor to your agency, including any bills of sale and assignment agreements, if you are a debt buyer;
• ☐ Proof that you are licensed or otherwise lawfully authorized to collect this debt in Tennessee, if applicable;
• ☐ The name of the original creditor and the original creditor's mailing address;
• ☐ A statement of whether the alleged debt is within the applicable statute of limitations under T.C.A. § 28-3-109 (six years for written contracts) or other applicable Tennessee law;
• ☐ Any judgment that you contend has been entered against me on this debt, including the case number and court.

These additional requests do not state that the FDCPA requires every listed item as part of verification; separate Tennessee-law duties may apply.

If you cannot or will not verify the debt, I request that you:

• ☐ Cease all further collection activity;
• ☐ Withdraw any reporting of this account from each consumer reporting agency to which you have furnished information; and
• ☐ Confirm in writing that the account has been closed in your records.

6. CEASE COLLECTION INSTRUCTIONS

If this written dispute is received during the validation period, 15 U.S.C. § 1692g(b) requires collection of the disputed debt or disputed portion to stop until you mail verification or a judgment copy.

7. LIMITED COMMUNICATION INSTRUCTION

Pursuant to 15 U.S.C. § 1692c(a) and (c), I instruct you as follows:

• ☐ Communicate with me only in writing at the address above;
• ☐ Do not call me at home, work, or on any mobile device;
• ☐ Do not contact any third party regarding this alleged debt; and
• ☐ Do not communicate with me before 8:00 a.m. or after 9:00 p.m. local time at my location.

☐ CEASE ALL COMMUNICATION. Pursuant to 15 U.S.C. § 1692c(c), I hereby demand that you cease all further communication with me concerning this alleged debt, except as expressly permitted by § 1692c(c)(1)–(3).

8. RESERVATION OF RIGHTS — FDCPA AND TCPA

8.1. This letter is sent without prejudice to any of my rights and remedies, all of which are expressly reserved.

8.2. Any further violation of the FDCPA may give rise to actual damages, statutory damages of up to $1,000.00, and attorney fees and costs under 15 U.S.C. § 1692k.

8.3. Conduct that fits an unfair or deceptive practice enumerated in T.C.A. § 47-18-104(b) and causes an ascertainable loss may support an individual private action under T.C.A. § 47-18-109. For a willful or knowing violation, the court may award three times actual damages; after finding a violation, the court may also award reasonable attorney fees and costs.

8.4. If your conduct involves the use of personal identifying information that does not belong to you, or that you knew or should have known was obtained without lawful authority, additional remedies may exist under the Tennessee Identity Theft Deterrence Act, T.C.A. § 47-18-2101 et seq., and the Identity Theft Victims' Rights Act of 2004, T.C.A. § 39-14-150.

8.5. I am not consenting to any electronic communication. Any "E-SIGN" or Reg. F § 1006.42 electronic notice purportedly sent to me has not been authorized.

9. SIGNATURE

Sincerely,

[________________________________]

[CONSUMER FULL NAME]

10. MAILING AND RECORDKEEPING CHECKLIST

• ☐ Letter dated and signed.
• ☐ Mailed via U.S. Postal Service Certified Mail, Return Receipt Requested.
• ☐ Certified-mail tracking number recorded above.
• ☐ Copy retained in personal file.
• ☐ Calendar set for 35 days to confirm receipt and monitor compliance.
• ☐ Calendar set for one (1) year from any subsequent FDCPA violation (statute of limitations).
• ☐ Identity-theft cases: report the theft at IdentityTheft.gov and follow the resulting recovery plan; consider a Tennessee police report where appropriate (see companion ID-theft template).

11. TENNESSEE PRACTICE NOTES

• No separate state collector licensing for typical agencies. Tennessee does not generally require third-party debt collectors to obtain a state license. Some specialized collectors (e.g., those handling state tax or court debt) may have separate authorization requirements. Verify on a case-by-case basis.
• 2011 TCPA amendments (Public Chapter 510). T.C.A. § 47-18-109(g) bars a class action to recover damages for an unfair or deceptive practice declared unlawful by the TCPA, and the catch-all clause in § 47-18-104(b)(27) is not actionable by private plaintiffs. Tie any future TCPA suit to a specific enumerated subsection of § 47-18-104(b).
• Tennessee SOL for written contracts. Six (6) years under T.C.A. § 28-3-109. Suits filed after the SOL has run on the underlying account may give rise to FDCPA claims under Buchanan v. Northland Group, Inc., 776 F.3d 393 (6th Cir. 2015).
• Mini-Miranda required. All collector communications must include the disclosures required by 15 U.S.C. § 1692e(11).
• Itemization date. Under Regulation F (12 C.F.R. § 1006.34(b)(3)), the validation information must reference an "itemization date" (e.g., last statement date, charge-off date, last payment date, or transaction date).
• 30-day clock. The 30-day dispute period runs from receipt of the validation notice, not the date of mailing. Jacobson v. Healthcare Fin. Servs., 516 F.3d 85 (2d Cir. 2008) (analogous).
• Preserve all communications. Save voicemails, screenshots, and envelopes; date and source-stamp them.
• Forum for any later suit. U.S. District Court for the Eastern, Middle, or Western District of Tennessee, or state Circuit/Chancery Court (general civil) or General Sessions (small dollar) per T.C.A. § 16-15-501.

12. SOURCES AND REFERENCES

• 15 U.S.C. § 1692g (Validation of debts) — https://www.ftc.gov/legal-library/browse/rules/fair-debt-collection-practices-act-text
• 12 C.F.R. Part 1006 (Regulation F) — https://www.consumerfinance.gov/rules-policy/regulations/1006/
• T.C.A. § 47-18-104 — https://law.justia.com/codes/tennessee/title-47/chapter-18/part-1/section-47-18-104/
• T.C.A. § 47-18-109 — https://law.justia.com/codes/tennessee/title-47/chapter-18/part-1/section-47-18-109/
• T.C.A. § 28-3-109 (six-year SOL on written contracts) — https://law.justia.com/codes/tennessee/title-28/chapter-3/part-1/section-28-3-109/
• CFPB validation notice model — https://www.consumerfinance.gov/rules-policy/regulations/1006/
• Tennessee Attorney General Division of Consumer Affairs — https://www.tn.gov/attorneygeneral/working-for-tennessee/consumer-affairs.html

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. Have a Tennessee-licensed attorney review your facts before sending. Statutes and regulations change; verify all citations before use.