FAIR DEBT COLLECTION PRACTICES ACT VIOLATION DEMAND LETTER

ARIZONA

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL

[DATE]

[DEBT COLLECTOR NAME]
[DEBT COLLECTOR ADDRESS]
[CITY, STATE ZIP]
Arizona Collection Agency License No.: [IF APPLICABLE]

Re: FDCPA Violation Demand - Arizona 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 Arizona, 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., the Arizona Consumer Fraud Act, A.R.S. Section 44-1521 et seq., and potentially the Arizona Collection Agency Licensing Act, A.R.S. Section 32-1001 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 (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))

Arizona State Law Violations:

☐ Consumer fraud under A.R.S. Section 44-1522
☐ Deceptive acts or practices in connection with sale or advertisement of merchandise
☐ Collection agency licensing violations under A.R.S. Section 32-1001 et seq.
☐ Unlicensed collection activity (if applicable)

II. STATEMENT OF FACTS

[DETAILED FACTUAL NARRATIVE]

A. Background

On or about [DATE], [DEBT COLLECTOR NAME] initiated collection activity against our Client, an Arizona 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. Arizona Consumer Fraud Act

The Arizona Consumer Fraud Act, A.R.S. Section 44-1522, prohibits the use of "any deception, deceptive or unfair act or practice, fraud, false pretense, false promise, misrepresentation, or concealment, suppression or omission of any material fact with intent that others rely on such concealment, suppression or omission, in connection with the sale or advertisement of any merchandise."

Arizona courts have held that debt collection activities constitute "services" under the CFA. See Schwartz v. Farmers Ins. Co., 166 Ariz. 33 (App. 1990).

Your conduct violated the Arizona CFA because:
[SPECIFY VIOLATIVE CONDUCT]

C. Arizona Collection Agency Licensing Requirements

Under A.R.S. Section 32-1021, collection agencies operating in Arizona must be licensed by the Arizona Department of Financial Institutions. The statute prohibits:
- Operating without a license
- Engaging in unfair practices
- Making false or misleading statements

☐ Your company is/is not properly licensed in Arizona (License No.: [NUMBER])
☐ Your conduct violated licensing requirements because: [SPECIFY]

IV. DAMAGES

A. FDCPA Damages

1. Actual Damages: All damages proximately caused
2. Statutory Damages: Up to $1,000 per action
3. Attorney's Fees and Costs: Mandatory

B. Arizona Consumer Fraud Act Damages

Under A.R.S. Section 44-1528, our Client may recover:

1. Actual Damages: All damages sustained
2. Punitive Damages: In cases of aggravated or outrageous conduct
3. Attorney's Fees: At the court's discretion

C. Total Damages Summary

V. PRESERVATION OF EVIDENCE

Preserve all documents, recordings, and ESI related to our Client and your Arizona operations.

VI. DEMAND FOR SETTLEMENT

To resolve this matter without litigation, we demand:

1. Monetary Compensation: Payment of $[SETTLEMENT DEMAND] within thirty (30) days
2. Deletion of Tradeline: Immediate deletion from credit reports
3. Cease Collection Activity: Immediate cessation of all collection
4. Account Closure: Permanent closure of the account
5. Written Confirmation: Confirmation within fourteen (14) days

VII. RESPONSE DEADLINE

Please respond within thirty (30) days. If unsatisfactory, we will file suit in the United States District Court for the District of Arizona or Arizona Superior Court.

VIII. ARIZONA VENUE AND JURISDICTION

Claims may be brought in:
- United States District Court for the District of Arizona
- Arizona Superior Court in Maricopa, Pima, or other appropriate county
- Arizona Justice Court for claims within jurisdictional limits

IX. ARIZONA REGULATORY COMPLAINT

We reserve the right to file complaints with:
- Arizona Attorney General - Consumer Protection Division
- Arizona Department of Financial Institutions (for licensing violations)

Respectfully submitted,

[LAW FIRM NAME]

By: _________________________________
[ATTORNEY NAME]
[ARIZONA BAR NUMBER]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]

Attorneys for [CONSUMER FULL NAME]

ARIZONA-SPECIFIC REFERENCE

This template is for informational purposes only. Consult an Arizona-licensed attorney before use.