Debt Validation Letter - Utah

DEBT VALIDATION LETTER — UTAH CONSUMER

[SENDER NAME]

[STREET ADDRESS]

[CITY, UTAH ZIP]

[EMAIL] [TELEPHONE]

Date: [__/__/____]

VIA U.S.P.S. CERTIFIED MAIL — RETURN RECEIPT REQUESTED

Tracking Number: [_______________________________]

[DEBT COLLECTOR / COLLECTION AGENCY NAME]

[ATTN: COMPLIANCE OFFICER / REGISTERED AGENT]

[STREET ADDRESS]

[CITY, STATE ZIP]

Re: Account / Reference No.: [_______________________________]

Original Creditor: [_______________________________]

Alleged Amount: $[AMOUNT]

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

NOTICE OF DISPUTE AND REQUEST FOR VALIDATION

Dear Sir or Madam:

This letter constitutes timely written notice under 15 U.S.C. § 1692g(b) of the federal Fair Debt Collection Practices Act ("FDCPA") that I dispute the validity of the alleged debt referenced above, in whole and in part, and I request verification.

This letter is delivered within thirty (30) days of my receipt of your initial communication. Pursuant to 15 U.S.C. § 1692g(b) and 12 C.F.R. § 1006.34(b) (CFPB Regulation F), you must immediately CEASE all collection of the alleged debt until you obtain verification and mail a copy of that verification to me at the address above.

1. ITEMS DISPUTED

I dispute each of the following:

• ☐ The existence of the alleged debt;
• ☐ The amount of the alleged debt, including principal, interest, fees, and costs;
• ☐ Your right or authority to collect the alleged debt;
• ☐ The chain of assignment from the original creditor to you;
• ☐ The application of payments and credits;
• ☐ The accuracy of any reporting to consumer-reporting agencies;
• ☐ Whether the alleged debt is within the applicable Utah statute of limitations;
• ☐ Other: [_________________________________________].

2. INFORMATION AND DOCUMENTATION REQUESTED

To validate the alleged debt, please provide me with the following:

1. The full name, address, and telephone number of the original creditor;
2. The original signed contract, account agreement, or other instrument creating the alleged debt, including all amendments and signature pages;
3. A complete account history (statements) from the date of origination through the present, itemizing all charges, payments, fees, interest, and adjustments;
4. The complete chain of assignment, including all bills of sale, assignment agreements, and account-level transfer documents (loan-level data files), establishing your authority to collect;
5. Documentation showing the date the alleged debt was charged off and the date of the consumer's last payment;
6. The name and address of the person or entity to whom the alleged debt is owed today;
7. A copy of any "itemization date" disclosure required by 12 C.F.R. § 1006.34(b)(3), including the itemization-date balance and any post-itemization-date interest, fees, payments, and credits;
8. The license status of any third-party law firm, debt buyer, or out-of-state collector currently handling the alleged debt; and
9. If the debt was originated under the Utah Consumer Credit Code (Utah Code Title 70C), all required disclosures and notices applicable to that consumer-credit transaction.

3. CESSATION OF COMMUNICATIONS

Until you provide all of the above verification in writing, you are required to cease all collection activity. 15 U.S.C. § 1692g(b). Continuing collection activity during the verification period — including telephone calls, letters, account-information furnishing to consumer-reporting agencies, lawsuits, or other collection efforts — violates federal law and will give rise to claims under 15 U.S.C. § 1692k and the Utah Consumer Sales Practices Act, Utah Code §§ 13-11-4, 13-11-5, and 13-11-19.

In addition, pursuant to 15 U.S.C. § 1692c(c), please limit any future communication strictly to:

• ☐ A statement that further collection efforts are being terminated;
• ☐ Notice that you intend to invoke a specified remedy ordinarily invoked; or
• ☐ Notice that you actually intend to invoke a specified remedy.

4. CREDIT REPORTING REQUIREMENTS

Pursuant to 15 U.S.C. § 1692e(8) and 15 U.S.C. § 1681s-2(a)(3), if you have furnished or hereafter furnish information about this alleged debt to any consumer-reporting agency (including Equifax, Experian, TransUnion, and any specialty CRA), you are required to report the debt as DISPUTED by the consumer. Failure to do so is a separate violation of the FDCPA, the FCRA, and may constitute a deceptive act under Utah Code § 13-11-4.

I have separately notified the consumer-reporting agencies of this dispute under 15 U.S.C. § 1681i(a). Please correct your furnishing immediately.

5. PROHIBITED CONDUCT

You are reminded that the following conduct violates 15 U.S.C. §§ 1692c–1692f and constitutes a deceptive or unconscionable act under Utah Code §§ 13-11-4 and 13-11-5:

• Communications before 8:00 a.m. or after 9:00 p.m. local time;
• Communications at the consumer's place of employment after notice that the employer prohibits such contacts;
• Communications with third parties (other than the consumer's attorney);
• False, deceptive, or misleading representations regarding the character, amount, legal status, or attorney involvement of the alleged debt;
• Threats of action that cannot legally be taken or that are not actually intended (including threats of criminal prosecution under Utah Code § 76-6-1102 where unfounded);
• Collection of any amount not expressly authorized by agreement or law (including fees, interest, and expenses);
• Attempting to collect a time-barred debt without disclosure of the limitations status;
• Falsely simulating legal process or representing oneself as an attorney or as affiliated with the State of Utah, any Utah court, or any government agency.

6. PRESERVATION DEMAND

Please preserve all electronically stored information relating to my account, including call recordings, dialer logs, skip-tracing records, internal collector notes, training materials, compliance audits, and all communications with the original creditor or any prior owner of the alleged debt. Do not destroy, overwrite, or alter any such information pending resolution of this dispute. This preservation demand also extends to backup tapes and any third-party-hosted compliance systems.

7. UTAH-SPECIFIC NOTICE

You are reminded that the Utah Division of Consumer Protection enforces the Utah Consumer Sales Practices Act, Utah Code § 13-11-1 et seq., and that I reserve the right to file a complaint with the Division at:

Utah Division of Consumer Protection
Heber M. Wells Building, 2nd Floor
160 East 300 South
P.O. Box 146704, Salt Lake City, UT 84114-6704
(801) 530-6601 / 1-800-721-SAFE
https://consumerprotection.utah.gov

I also reserve the right to pursue private remedies under Utah Code § 13-11-19, including the greater of actual damages or $2,000 (per noneconomic injury), declaratory and injunctive relief, court costs, and reasonable attorney fees, and remedies under the FDCPA, FCRA, and (if applicable) the Utah Consumer Credit Code, Utah Code Title 70C.

8. RESERVATION OF RIGHTS

Nothing in this letter constitutes:

• An acknowledgment that any debt is owed;
• A promise or agreement to pay any sum;
• A waiver of any defense, including the Utah statute of limitations; or
• A waiver of any right under the FDCPA, FCRA, UCSPA, Utah Consumer Credit Code, or any other applicable law.

All rights are expressly reserved.

Sincerely,

[________________________________]

[SENDER NAME]

Enclosures (if any): [LIST]

cc: Utah Division of Consumer Protection (optional)

Consumer Financial Protection Bureau (optional)

File

UTAH PRACTICE NOTES

• Timing. The 30-day validation window begins on the consumer's receipt of the initial communication (15 U.S.C. § 1692g(a)) or, under CFPB Reg. F, on the date of the validation notice (12 C.F.R. § 1006.34(b)). Compute conservatively; send well before day 30.
• Method of delivery. Certified mail with return receipt is the gold standard. Email is permissible under Reg. F if the collector previously communicated by email and the consumer has not opted out, but proof of receipt is harder.
• Utah statutes of limitations. Open accounts and accounts stated: 4 years (Utah Code § 78B-2-307). Written contracts: 6 years (Utah Code § 78B-2-309). A collector's threat to sue on a time-barred debt is a per se FDCPA violation. McMahon v. LVNV Funding, LLC, 744 F.3d 1010 (7th Cir. 2014). See also CFPB Reg. F, 12 C.F.R. § 1006.26 (prohibition on suing or threatening to sue time-barred debt).
• No state mini-FDCPA; no collection-agency licensure. Utah does not have a state-law analogue to the federal FDCPA. The Utah Collection Agency Act (Utah Code Title 12, Chapter 1) was substantially repealed by 2023 H.B. 20 effective May 3, 2023, eliminating the prior $10,000 surety-bond and registration regime. Do not premise demands on Utah Collection Agency Act licensure for conduct after May 3, 2023.
• UCSPA private remedy. A consumer aggrieved by a deceptive (§ 13-11-4) or unconscionable (§ 13-11-5) act may recover the greater of actual damages or, for a noneconomic injury, $2,000 per violation, plus court costs and reasonable attorney fees, under Utah Code § 13-11-19. A class action requires a "prior notice" predicate (rule, judicial decision, or consent decree).
• Utah Consumer Credit Code overlay. Where the underlying debt arose under Title 70C (closed-end consumer credit, open-end consumer credit, or consumer leases), additional disclosure and conduct prohibitions apply, including Utah Code § 70C-7-102 (unconscionability) and § 70C-2-101 (disclosure).
• Consumer-reporting follow-up. Concurrently file a § 1681i(a) dispute with each CRA furnishing the trade line. The CRA must investigate within 30 days, and the furnisher's failure to mark the line "disputed" once notified is independently actionable under §§ 1681s-2(b) and 1692e(8).
• Collection of unauthorized fees. A collector who tacks on unauthorized convenience fees, interest, or costs violates 15 U.S.C. § 1692f(1) and may also violate Utah Code §§ 13-11-4(2)(b) and 70C-7-102. Demand a fee schedule.
• Settlement and 1099-C. Any settlement of $600 or more in cancelled debt may trigger 1099-C reporting. Address tax consequences in any settlement agreement.

SOURCES AND REFERENCES

• 15 U.S.C. § 1692g — https://www.law.cornell.edu/uscode/text/15/1692g
• 15 U.S.C. § 1692c — https://www.law.cornell.edu/uscode/text/15/1692c
• 15 U.S.C. § 1692e(8) — https://www.law.cornell.edu/uscode/text/15/1692e
• 15 U.S.C. § 1681s-2(a)(3) — https://www.law.cornell.edu/uscode/text/15/1681s-2
• 12 C.F.R. Part 1006 (CFPB Reg. F) — https://www.consumerfinance.gov/rules-policy/regulations/1006/
• Utah Code Title 13, Chapter 11 (UCSPA) — https://le.utah.gov/xcode/Title13/Chapter11/13-11.html
• Utah Code § 13-11-19 — https://le.utah.gov/xcode/Title13/Chapter11/13-11-S19.html
• Utah Code Title 70C (Utah Consumer Credit Code) — https://le.utah.gov/xcode/Title70C/70C.html
• Utah Code § 78B-2-307 (limitations) — https://le.utah.gov/xcode/Title78B/Chapter2/78B-2-S307.html
• 2023 Utah H.B. 20 (Collection Agency Amendments) — https://le.utah.gov/Session/2023/bills/static/HB0020.html
• Utah Division of Consumer Protection — https://consumerprotection.utah.gov
• CFPB Sample Validation Letter — 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 Utah should review the letter before sending, particularly where litigation is contemplated.