FAIR DEBT COLLECTION PRACTICES ACT VIOLATION DEMAND LETTER
ALASKA
SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL
[DATE]
[DEBT COLLECTOR NAME]
[DEBT COLLECTOR ADDRESS]
[CITY, STATE ZIP]
Re: FDCPA Violation Demand - Alaska Consumer
Consumer: [CONSUMER FULL NAME]
Account/Reference Number: [ACCOUNT NUMBER IF KNOWN]
Alleged Creditor: [ORIGINAL CREDITOR NAME]
Dear Sir or Madam:
This law firm represents [CONSUMER FULL NAME] ("Consumer" or "Client"), a resident of Alaska, in connection with your collection activities regarding the above-referenced account. Please direct all future communications regarding this matter to our office and cease all direct contact with our Client.
I. INTRODUCTION AND SUMMARY OF VIOLATIONS
This letter constitutes formal notice that your collection activities have violated the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. Section 1692 et seq., as well as the Alaska Unfair Trade Practices and Consumer Protection Act, AS 45.50.471 et seq.
Federal FDCPA Violations:
☐ Failure to provide required debt validation notice (15 U.S.C. Section 1692g)
☐ False, deceptive, or misleading representations (15 U.S.C. Section 1692e)
☐ Unfair or unconscionable practices (15 U.S.C. Section 1692f)
☐ Harassment or abuse (15 U.S.C. Section 1692d)
☐ Communication with third parties in violation of 15 U.S.C. Section 1692c(b)
☐ Continued collection after validation request without validation (15 U.S.C. Section 1692g(b))
☐ False threats of legal action (15 U.S.C. Section 1692e(5))
☐ Misrepresentation of amount owed (15 U.S.C. Section 1692e(2)(A))
☐ Collection of unauthorized amounts (15 U.S.C. Section 1692f(1))
Alaska State Law Violations:
☐ Unfair or deceptive acts or practices under AS 45.50.471
☐ Unfair methods of competition under AS 45.50.471
☐ False representations in consumer transactions
II. STATEMENT OF FACTS
[DETAILED FACTUAL NARRATIVE]
A. Background
On or about [DATE], [DEBT COLLECTOR NAME] initiated collection activity against our Client, an Alaska resident, regarding an alleged debt purportedly owed to [ORIGINAL CREDITOR NAME] in the alleged amount of $[AMOUNT].
B. Specific Violative Conduct
[Describe each violation with specificity]
III. LEGAL ANALYSIS
A. Federal FDCPA Claims
[Detail specific FDCPA violations]
B. Alaska Unfair Trade Practices and Consumer Protection Act
The Alaska Unfair Trade Practices and Consumer Protection Act (UTPA), AS 45.50.471, declares unlawful "unfair methods of competition and unfair or deceptive acts or practices in the conduct of trade or commerce."
Under AS 45.50.471(b), unfair or deceptive acts include:
- Misrepresenting the characteristics, uses, or benefits of goods or services
- Misrepresenting the approval or certification of goods or services
- Engaging in other conduct creating a likelihood of confusion or misunderstanding
Your debt collection conduct violated the Alaska UTPA because:
[SPECIFY VIOLATIVE CONDUCT]
C. Alaska-Specific Consumer Protections
Alaska courts have applied the UTPA to debt collection activities. The Act is interpreted broadly to protect Alaska consumers from unfair business practices.
IV. DAMAGES
A. FDCPA Damages
- Actual Damages: All damages proximately caused
- Statutory Damages: Up to $1,000 per action
- Attorney's Fees and Costs: Mandatory under 15 U.S.C. Section 1692k(a)(3)
B. Alaska UTPA Damages
Under AS 45.50.531, our Client may recover:
- Treble Damages: Three times actual damages or $500, whichever is greater
- Attorney's Fees: Mandatory for prevailing consumers
- Court Costs
C. Total Damages Summary
| Category | Amount |
|---|---|
| FDCPA Statutory Damages | Up to $1,000 |
| Actual Damages | $[AMOUNT] |
| Alaska UTPA Treble Damages | $[AMOUNT] |
| Attorney's Fees to Date | $[AMOUNT] |
| TOTAL ESTIMATED | $[AMOUNT] |
V. PRESERVATION OF EVIDENCE
You are hereby placed on notice to preserve all documents, recordings, and electronically stored information related to our Client.
VI. DEMAND FOR SETTLEMENT
To resolve this matter without litigation, we demand:
- Monetary Compensation: Payment of $[SETTLEMENT DEMAND] within thirty (30) days
- Deletion of Tradeline: Immediate deletion of any tradeline from credit reports
- Cease Collection Activity: Immediate cessation of all collection activity
- Account Closure: Permanent closure of the account
- Written Confirmation: Written confirmation within fourteen (14) days
VII. RESPONSE DEADLINE
Please respond within thirty (30) days. If we do not receive a satisfactory response, we will file suit in the United States District Court for the District of Alaska or in the appropriate Alaska state court.
VIII. ALASKA VENUE AND JURISDICTION
Claims may be brought in:
- United States District Court for the District of Alaska
- Alaska Superior Court in the judicial district where our Client resides
- Alaska Small Claims Court for claims within jurisdictional limits
Respectfully submitted,
[LAW FIRM NAME]
By: _________________________________
[ATTORNEY NAME]
[ALASKA BAR NUMBER]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]
Attorneys for [CONSUMER FULL NAME]
ALASKA-SPECIFIC REFERENCE
| Element | Alaska Law |
|---|---|
| State Consumer Protection Statute | AS 45.50.471 et seq. (UTPA) |
| Mini-FDCPA | None - use UTPA |
| Statute of Limitations | 2 years (UTPA); FDCPA 1 year |
| Private Right of Action | Yes under UTPA and FDCPA |
| Treble Damages | Yes - 3x actual or $500 minimum |
| Attorney's Fees | Mandatory for prevailing consumer |
| State Enforcement | Alaska Attorney General |
This template is for informational purposes only. Consult an Alaska-licensed attorney before use.