Templates Demand Letters FDCPA Violation Demand Letter - Georgia

FDCPA Violation Demand Letter - Georgia

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FAIR DEBT COLLECTION PRACTICES ACT VIOLATION DEMAND LETTER

GEORGIA

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
THIS LETTER CONSTITUTES THE 30-DAY DEMAND REQUIRED BY O.C.G.A. SECTION 10-1-399


[DATE]

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

Re: FDCPA and Georgia FBPA Violation Demand
Consumer: [CONSUMER FULL NAME]
Account Number: [ACCOUNT NUMBER IF KNOWN]


Dear Sir or Madam:

This law firm represents [CONSUMER FULL NAME], a Georgia resident.

THIS LETTER CONSTITUTES THE WRITTEN DEMAND REQUIRED BY O.C.G.A. SECTION 10-1-399 PRIOR TO FILING A PRIVATE CAUSE OF ACTION UNDER THE GEORGIA FAIR BUSINESS PRACTICES ACT.

I. VIOLATIONS IDENTIFIED

Federal FDCPA Violations:

☐ Validation notice failure (15 U.S.C. Section 1692g)
☐ False representations (15 U.S.C. Section 1692e)
☐ Unfair practices (15 U.S.C. Section 1692f)
☐ Harassment (15 U.S.C. Section 1692d)

Georgia Fair Business Practices Act Violations (O.C.G.A. Section 10-1-393):

☐ Unfair or deceptive acts or practices in consumer transactions
☐ False or misleading statements
☐ Unconscionable business practices

II. GEORGIA-SPECIFIC LEGAL FRAMEWORK

A. Georgia Fair Business Practices Act

O.C.G.A. Section 10-1-393 prohibits unfair or deceptive acts or practices in the conduct of consumer transactions.

B. Georgia SB 73 (2025) - Enhanced Telemarketing Protections

Georgia SB 73 significantly amended telemarketing laws including:

  • Removal of statutory damage caps for private actions
  • Vicarious liability provisions for companies using third-party callers
  • Enhanced enforcement authority

These changes significantly increase litigation exposure for debt collectors using telephone communications.

C. 30-Day Demand Requirement

Under O.C.G.A. Section 10-1-399(a), before filing suit under the FBPA, a consumer must make a written demand at least 30 days prior to filing.

YOU HAVE THIRTY (30) DAYS FROM RECEIPT OF THIS LETTER TO CURE THE VIOLATIONS OR RESPOND BEFORE SUIT MAY BE FILED UNDER THE GEORGIA FBPA.

III. DAMAGES

Category Amount
FDCPA Statutory Damages Up to $1,000
Actual Damages $[AMOUNT]
Georgia Damages (no cap after SB 73) $[AMOUNT]
Attorney's Fees $[AMOUNT]

IV. DEMAND

Payment of $[SETTLEMENT DEMAND] within thirty (30) days.

Respectfully submitted,

[LAW FIRM NAME]
[ATTORNEY NAME]
[GEORGIA BAR NUMBER]


GEORGIA-SPECIFIC REFERENCE

Element Georgia Law
FBPA O.C.G.A. Section 10-1-390 et seq.
Pre-Suit Demand 30 days required (O.C.G.A. Section 10-1-399)
Statutory Damage Cap REMOVED by SB 73
Vicarious Liability Yes (SB 73)
State Enforcement Georgia AG

Consult a Georgia-licensed attorney before use.

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About This Template

A demand letter is a formal written request to fix a problem or pay what is owed, sent before anyone files a lawsuit. It gives the other side a real chance to settle, creates a record of your attempt to resolve things, and in many cases (unpaid debts, insurance claims, broken contracts) starts a legally required response window. A well-written demand letter lays out what happened, what you want, and a deadline to act, which is often enough to get results without ever going to court.

Important Notice

This template is provided for informational purposes. It is not legal advice. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.

Last updated: February 2026