FDCPA Violation Demand Letter - Alaska

FAIR DEBT COLLECTION PRACTICES ACT VIOLATION DEMAND LETTER

ALASKA

SENT VIA [CERTIFIED MAIL / FIRST-CLASS MAIL / OTHER DOCUMENTED METHOD]

[DATE]

[DEBT COLLECTOR NAME]
[DEBT COLLECTOR ADDRESS]
[CITY, STATE ZIP]

Re: [CONSUMER NAME]; account [REFERENCE NUMBER]; alleged creditor [CREDITOR NAME]

Dear [COLLECTOR CONTACT]:

Our firm represents [CONSUMER NAME] concerning the above account. Our address appears below. Please direct communications concerning this debt to us, subject to the exceptions in 15 U.S.C. § 1692c(a)(2).

This letter concerns a debt allegedly incurred primarily for personal, family, or household purposes. Based on [SPECIFIC FACTS SHOWING THE RECIPIENT IS A DEBT COLLECTOR], we understand that you are a debt collector within 15 U.S.C. § 1692a(6). If either description is inaccurate, please explain and provide supporting records.

Conduct at issue

On [DATE], [IDENTIFY PERSON OR SYSTEM] [DESCRIBE THE EXACT COMMUNICATION OR COLLECTION ACT]. The amount you asserted was $[AMOUNT]. The account records and communications presently available to us show [DESCRIBE DISCREPANCY, RECIPIENT, TIME, OR OTHER RELEVANT FACT]. The resulting harm was [DESCRIBE ACTUAL HARM, IF ANY].

The conduct implicates the following FDCPA provisions only to the extent the stated facts support each checked item:

☐ 15 U.S.C. § 1692c(b): [DESCRIBE AN UNPERMITTED THIRD-PARTY COMMUNICATION AND RECIPIENT].
☐ 15 U.S.C. § 1692d: [DESCRIBE HARASSMENT OR ABUSE].
☐ 15 U.S.C. § 1692e, including § 1692e(2), (5), or (8) where applicable: [IDENTIFY THE FALSE AMOUNT, IMPERMISSIBLE OR UNINTENDED THREAT, OR FALSE CREDIT INFORMATION].
☐ 15 U.S.C. § 1692f(1): [IDENTIFY AN AMOUNT NEITHER AUTHORIZED BY THE DEBT AGREEMENT NOR PERMITTED BY LAW].
☐ 15 U.S.C. § 1692g(a): [STATE THE INITIAL-COMMUNICATION DATE, WHAT NOTICE WAS OMITTED, AND WHY AN EXCEPTION DOES NOT APPLY].
☐ 15 U.S.C. § 1692g(b): [STATE WHEN THE CONSUMER SENT A WRITTEN DISPUTE OR ORIGINAL-CREDITOR REQUEST WITHIN THE THIRTY-DAY PERIOD, AND IDENTIFY COLLECTION BEFORE THE REQUIRED RESPONSE WAS MAILED].

[DESCRIBE THE EVIDENCE FOR EACH SELECTED ITEM. DELETE UNUSED ITEMS.]

If the consumer's written dispute or original-creditor request was timely under § 1692g(b), stop collection of the disputed debt or portion until you obtain and mail the verification, judgment copy, or original-creditor information required by that subsection.

Alaska claim, if supported

[INCLUDE THIS SECTION ONLY AFTER CONFIRMING THAT THE PARTICULAR ACT OCCURRED IN TRADE OR COMMERCE, AN AS 45.50.481 EXEMPTION DOES NOT BAR THE CLAIM, AND THE CLIENT SUFFERED AN ASCERTAINABLE LOSS CAUSED BY THAT ACT.]

We also contend that [IDENTIFY SPECIFIC ACT] was unfair or deceptive within AS 45.50.471(a), because [CONNECT SPECIFIC FACTS TO THAT STANDARD]. As a result, our client suffered an ascertainable loss of $[AMOUNT] consisting of [IDENTIFY MONEY OR PROPERTY LOSS]. We reserve a private damages claim under AS 45.50.531(a), subject to its requirements and two-year discovery period in subsection (f).

[IF SEEKING A PRIVATE INJUNCTION UNDER AS 45.50.535(a), INSERT A SEPARATE WRITTEN NOTICE TO THE SELLER OR LESSOR THAT THE CLIENT WILL SEEK AN INJUNCTION IF THE UNLAWFUL PRACTICE DOES NOT PROMPTLY STOP. CONFIRM THE RECIPIENT AND THE STATUTE APPLY. DELETE IF NOT SEEKING AN INJUNCTION.]

Resolution requested

To resolve the matter, we propose:

1. Pay $[SETTLEMENT AMOUNT] in settlement of [IDENTIFY CLAIMS] by [DATE].
2. Provide a written, itemized account history and explain the basis for the amount claimed by [DATE].
3. Correct any information you furnished that you know or should know is false, including failure to report a disputed debt as disputed, and describe the correction made. We request withdrawal of any inaccurate tradeline as a negotiated resolution where you have authority to do so.
4. Confirm whether you are authorized to suspend collection or close the account as part of settlement; identify any creditor approval required.
5. Preserve account records, recordings, correspondence, reporting records, and related electronically stored information.

We request these terms as part of a negotiated resolution.

Under 15 U.S.C. § 1692k(a), a successful individual FDCPA action may recover actual damage caused by noncompliance, court-allowed additional damages up to $1,000 for the action, and costs plus a court-determined reasonable attorney fee. If the Alaska claim is established, AS 45.50.531(a) permits three times actual damages or $500, whichever is greater, for each unlawful act or practice; AS 45.50.537(a) provides a prevailing private plaintiff costs under court rule and full reasonable attorney fees. The state claim requires the ascertainable loss described above. We will account for any overlap in recoveries.

Please respond by [DATE, 30 DAYS AFTER SENDING OR ANOTHER REASONABLE DATE]. If this matter is unresolved, we may bring an FDCPA action in an appropriate United States district court or another court of competent jurisdiction, subject to § 1692k(d)'s one-year period from the violation. Any Alaska claim would be brought in a court with jurisdiction and proper venue after reviewing the facts, applicable exemptions, and its separate limitation period.

This letter is a settlement communication and does not waive the client's rights.

Respectfully,

[LAW FIRM NAME]

By: _________________________________
[ATTORNEY NAME], Alaska Bar No. [NUMBER]
[ADDRESS]
[CITY, STATE ZIP]
[PHONE]
[EMAIL]

Attorney for [CONSUMER NAME]