FDCPA Violation Demand Letter - Indiana

FAIR DEBT COLLECTION PRACTICES ACT VIOLATION DEMAND LETTER

STATE OF INDIANA

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

Certification Number: [________________________________]

Date: [__/__/____]

FROM:

[________________________________]
[Attorney Name]
[Law Firm Name]
[Street Address]
[City, State ZIP]
[Telephone: (___) ___-____]
[Facsimile: (___) ___-____]
[Email: ________________________________]
[Indiana Attorney No.: ________________________________]

TO:

Debt Collector / Collection Agency:
[________________________________]
[Company Name]
[Attention: Compliance Officer / Registered Agent]
[Street Address]
[City, State ZIP]

Original Creditor (if different):
[________________________________]
[Company Name]
[Street Address]
[City, State ZIP]

Re: Demand for Remediation of Federal and Indiana State Debt Collection Violations
Consumer/Client: [________________________________]
Consumer Address: [________________________________]
Account/Reference Number (as assigned by collector): [________________________________]
Original Creditor Account Number (if known): [________________________________]
Alleged Debt Amount: $[________________________________]
Our File Number: [________________________________]

PRIVILEGED AND CONFIDENTIAL — SETTLEMENT COMMUNICATION

This letter constitutes a settlement communication under Federal Rule of Evidence 408 and Indiana Rule of Evidence 408. The contents are inadmissible to prove liability, validity, or the amount of any claim.

Dear Sir or Madam:

This firm represents [________________________________] ("Consumer"), a resident of the State of Indiana, in connection with your debt collection activities directed at our client. We are authorized to communicate on our client's behalf regarding all matters pertaining to the alleged debt and the violations of federal and state law described herein.

PLEASE DIRECT ALL FURTHER COMMUNICATIONS REGARDING THIS MATTER TO THIS OFFICE. DO NOT CONTACT OUR CLIENT DIRECTLY. Pursuant to 15 U.S.C. § 1692c(a)(2), you may not communicate with our client directly once aware of attorney representation.

I. PRELIMINARY STATEMENT

This demand letter addresses violations of the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692 et seq., and the Indiana Deceptive Consumer Sales Act ("DCSA"), IC § 24-5-0.5-1 et seq., committed by your company.

Indiana's DCSA is particularly powerful in the debt collection context because the statute explicitly defines "consumer transaction" to include "the collection of or attempt to collect a debt by a debt collector as defined by the FDCPA." IC § 24-5-0.5-2(a)(1)(B). Furthermore, a violation of the federal FDCPA is itself a deceptive act under Indiana law. IC § 24-5-0.5-3(b)(14). The DCSA provides for treble damages for deceptive acts and allows recovery of the greater of actual damages or $500 for uncured deceptive acts — often referred to as a "sleeping giant" of consumer protection law.

We demand that you: (1) cease unlawful collection activity; (2) validate the debt under 15 U.S.C. § 1692g; and (3) resolve this matter by payment of the settlement amount below. Failure to comply will result in civil action in the United States District Court for the [Northern/Southern] District of Indiana or in the [________________________________] County Circuit or Superior Court, Indiana.

II. IDENTIFICATION OF THE ALLEGED DEBT

Our client disputes the validity, amount, and/or enforceability of this alleged debt in its entirety.

III. FEDERAL FDCPA VIOLATIONS

A. Violations of 15 U.S.C. § 1692g — Validation of Debts

☐ Failure to provide required validation notice. You failed to provide the notice required by 15 U.S.C. § 1692g(a)(1)-(5) within five days of the initial communication.

☐ Overshadowing or contradicting the validation notice. 15 U.S.C. § 1692g(b). [________________________________]

☐ Failure to cease collection during validation period. 15 U.S.C. § 1692g(b).

☐ Failure to provide adequate verification. [________________________________]

B. Violations of 15 U.S.C. § 1692e — False or Misleading Representations

☐ § 1692e(2)(A) — False representation of character, amount, or legal status. [________________________________]

☐ § 1692e(3) — False representation of attorney status. [________________________________]

☐ § 1692e(4) — Representation of arrest, imprisonment, or seizure. [________________________________]

☐ § 1692e(5) — Threat to take action not legally available or not intended. [________________________________]

☐ § 1692e(7) — False representation of crime. [________________________________]

☐ § 1692e(8) — Communicating false credit information. [________________________________]

☐ § 1692e(9) — Simulating governmental authority. [________________________________]

☐ § 1692e(10) — False, deceptive, or misleading representation (catch-all). [________________________________]

☐ § 1692e(11) — Failure to disclose debt collector identity. [________________________________]

C. Violations of 15 U.S.C. § 1692d — Harassment or Abuse

☐ § 1692d(1) — Use or threat of violence. [________________________________]

☐ § 1692d(2) — Obscene or profane language. [________________________________]

☐ § 1692d(5) — Repeated or continuous calls to harass. [________________________________]

☐ § 1692d(6) — Calls without identity disclosure. [________________________________]

D. Violations of 15 U.S.C. § 1692f — Unfair Practices

☐ § 1692f(1) — Collection of unauthorized amount. $[________________________________]

☐ § 1692f(6) — Non-judicial action without right to possession. [________________________________]

☐ § 1692f(8) — Deceptive means to collect debt. [________________________________]

E. Violations of 15 U.S.C. § 1692c — Communication Restrictions

☐ § 1692c(a)(1) — Contact at inconvenient time. [________________________________]

☐ § 1692c(a)(2) — Contact despite attorney representation. [________________________________]

☐ § 1692c(a)(3) — Workplace contact despite prohibition. [________________________________]

☐ § 1692c(b) — Improper third-party communication. [________________________________]

IV. INDIANA STATE LAW VIOLATIONS

A. Indiana Deceptive Consumer Sales Act — IC § 24-5-0.5-3

The DCSA defines specific deceptive acts applicable to debt collection. Under IC § 24-5-0.5-2(a)(1)(B), a "consumer transaction" includes the collection of or attempt to collect a debt by a debt collector as defined by the FDCPA. This means every FDCPA violation is automatically also a DCSA deceptive act.

Enumerated Deceptive Acts Applicable to Debt Collection

☐ IC § 24-5-0.5-3(a) — Unfair, abusive, or deceptive act, omission, or practice in connection with a consumer transaction. General prohibition against deceptive practices in debt collection.

☐ IC § 24-5-0.5-3(b)(1) — Representations that goods or services have characteristics, uses, benefits, or quantities they do not have. Your company misrepresented the nature, character, or legal status of the alleged debt.

☐ IC § 24-5-0.5-3(b)(2) — Representations that goods or services are of a particular quality when they are of another. [________________________________]

☐ IC § 24-5-0.5-3(b)(5) — Representations that a consumer transaction involves rights, remedies, or obligations that it does not involve. Your company misrepresented the legal rights, remedies, or obligations involved. [________________________________]

☐ IC § 24-5-0.5-3(b)(9) — Failure to state a material fact if the statement deceives or tends to deceive. Your company failed to disclose material information. [________________________________]

☐ IC § 24-5-0.5-3(b)(14) — Violation of the FDCPA (15 U.S.C. 1692 et seq.). Under this provision, any violation of the federal FDCPA is automatically a deceptive act under Indiana law. Each FDCPA violation identified in Section III of this letter constitutes a separate deceptive act under IC § 24-5-0.5-3(b)(14).

☐ IC § 24-5-0.5-3(b)(15) — Violation of IC § 24-5-15.5 (debt buyer collection actions). If your company is a debt buyer, failure to comply with the requirements of IC § 24-5-15.5 constitutes a deceptive act under the DCSA. [________________________________]

B. Indiana Debt Buyers Act — IC § 24-5-15.5

If your company is a debt buyer (an entity that purchases debt from a creditor or another debt buyer), IC § 24-5-15.5 imposes specific requirements:

Required Documentation — IC § 24-5-15.5-5

If a debt buyer files suit, the initial pleading must include:

☐ Copy of signed contract or writing evidencing the debt. If a signed contract or writing evidencing the debtor's agreement to the debt exists, a copy must be attached. If no signed contract exists, a copy of a document provided to the debtor while the account was active showing the last four digits of the account number and the name of the creditor at the time of default.

☐ Complete chain of ownership. The names of all previous owners of the debt and the dates of each transfer, beginning with the original charge-off creditor.

☐ Charge-off statement or most recent monthly statement. For revolving credit accounts, a charge-off statement or the most recent monthly statement sent to the debtor before the charge-off date.

☐ Account number identification. The last four digits of the account number at the time of default.

☐ Failure to comply with debt buyer documentation requirements. Your company failed to provide the documentation required by IC § 24-5-15.5-5 in connection with its collection activities or threatened litigation. This constitutes a violation of IC § 24-5-15.5 and, by extension, a deceptive act under IC § 24-5-0.5-3(b)(15).

C. Indiana Collection Agency Licensing — IC § 25-11-1-1 et seq.

Indiana requires collection agencies to be licensed under IC § 25-11-1-1 et seq. The Indiana Secretary of State administers collection agency licensing.

☐ Failure to obtain or maintain proper license. Your company failed to obtain or maintain a valid collection agency license as required by IC § 25-11-1-1 et seq.

☐ Violation of licensing conditions. Your company violated the terms of its collection agency license by engaging in prohibited practices.

Indiana Licensing Verification:

• Indiana Secretary of State: https://www.in.gov/sos/
• Telephone: (317) 232-6531
• Address: Indiana Secretary of State, 302 W. Washington Street, Room E018, Indianapolis, IN 46204

D. Indiana Statute of Limitations on the Underlying Debt

The alleged debt is a [________________________________] that reportedly defaulted on [__/__/____]. The applicable limitation is [____] years under IC § [________________________________].

☐ If the statute of limitations has expired: Any attempt to collect this time-barred debt violates 15 U.S.C. § 1692e(2)(A), § 1692e(5), and IC § 24-5-0.5-3.

E. DCSA Damages and Remedies — IC § 24-5-0.5-4

The Indiana DCSA provides powerful remedies:

Treble Damages for Deceptive Acts: Under IC § 24-5-0.5-4(a), a person relying upon an uncured or incurable deceptive act may bring an action for treble damages (three times the actual damages). Alternatively, the consumer may recover the greater of actual damages or $500.

Incurable Deceptive Acts: IC § 24-5-0.5-4(a) specifies that certain deceptive acts are "incurable" — meaning no offer to cure can prevent treble damages. FDCPA violations under IC § 24-5-0.5-3(b)(14) may be treated as incurable deceptive acts.

Class Actions: IC § 24-5-0.5-4(b) specifically authorizes class actions under the DCSA.

Statute of Limitations: The DCSA has a two-year occurrence-based statute of limitations under IC § 24-5-0.5-5.

V. FORMAL DEBT VALIDATION DEMAND

Pursuant to 15 U.S.C. § 1692g(b), our client formally disputes the debt and demands verification within thirty (30) days:

1. Complete copy of the original signed credit agreement.
2. Complete accounting from inception to present.
3. Documentation of chain of title (if debt buyer, all transfers per IC § 24-5-15.5-5).
4. Copy of your valid Indiana collection agency license.
5. Name and address of the original creditor.
6. Proof that the debt has not been discharged, settled, or paid.
7. Proof that the statute of limitations has not expired.
8. Proof of the amount claimed.
9. If debt buyer: the last four digits of the account number, charge-off statement or most recent monthly statement, and all required documentation under IC § 24-5-15.5-5.

Until verification is provided, cease all collection activity. 15 U.S.C. § 1692g(b).

VI. CEASE AND DESIST DEMAND

Pursuant to 15 U.S.C. § 1692c(c):

1. CEASE all further communication except as permitted under 15 U.S.C. § 1692c(c)(1)-(3).
2. CEASE all collection activity until verification is provided.
3. CEASE all third-party contact except as permitted.
4. DIRECT all communications to this office.

VII. DAMAGES AND REMEDIES AVAILABLE

A. Federal FDCPA Damages — 15 U.S.C. § 1692k

B. Indiana DCSA Damages — IC § 24-5-0.5-4

Combined Damages Calculation: Because each FDCPA violation is automatically a DCSA deceptive act under IC § 24-5-0.5-3(b)(14), consumers can potentially stack federal and state damages:

• Federal: Up to $1,000 statutory + actual damages + attorney's fees
• State: Treble damages (3x actual) or minimum $500 + attorney's fees
• Total: Can significantly exceed the $1,000 federal statutory cap

C. Additional Federal Remedies

VIII. STATUTE OF LIMITATIONS ON CLAIMS

All claims are timely.

IX. CFPB COMPLAINT

CFPB Complaint Filing Instructions:

1. Online: https://www.consumerfinance.gov/complaint/
2. Telephone: (855) 411-2372
3. Mail: Consumer Financial Protection Bureau, P.O. Box 4503, Iowa City, Iowa 52244

X. INDIANA ATTORNEY GENERAL COMPLAINT

Indiana Attorney General Complaint Filing Instructions:

1. Online: https://www.in.gov/attorneygeneral/consumer-protection-division/
2. Telephone: (317) 232-6201 or (800) 382-5516
3. Mail: Office of the Attorney General, Consumer Protection Division, Indiana Government Center South, 5th Floor, 302 W. Washington Street, Indianapolis, IN 46204
4. In Person: Indiana Government Center South, 302 W. Washington Street, Indianapolis, IN 46204

The Indiana Attorney General has enforcement authority under both the DCSA and other consumer protection statutes, including the ability to seek injunctive relief, civil penalties, and restitution.

Indiana Secretary of State — Collection Agency Licensing

For licensing violations:

• Online: https://www.in.gov/sos/
• Telephone: (317) 232-6531
• Address: 302 W. Washington Street, Room E018, Indianapolis, IN 46204

XI. CREDIT REPORTING DISPUTE

Our client demands:

1. Immediately notify all CRAs that the debt is disputed under 15 U.S.C. § 1681s-2(a)(3).
2. Cease further reporting of unverified information under 15 U.S.C. § 1681s-2(b).
3. Delete the tradeline if unable to verify.

XII. DOCUMENTATION CHECKLIST

☐ All written communications from your company
☐ Telephone call log with dates, times, duration, and caller ID
☐ Telephone recordings (if applicable — Indiana is a one-party consent state under IC § 35-33.5-5-5)
☐ Voicemail recordings
☐ Text messages and/or emails
☐ Consumer credit reports showing your company's tradeline(s)
☐ Consumer credit report disputes filed
☐ Original credit agreement or account statements
☐ Proof of payments made
☐ Documentation of emotional distress and actual damages
☐ Medical records related to health impacts
☐ Documentation of lost wages or employment impact
☐ Written dispute(s) sent to your company
☐ Certified mail receipts
☐ Indiana Secretary of State license verification for your company
☐ Debt buyer chain-of-title documentation (if applicable)
☐ CFPB complaint submission (if filed)
☐ Indiana AG complaint submission (if filed)

XIII. SETTLEMENT DEMAND

Monetary Settlement

Non-Monetary Terms

1. Permanent cessation of all collection activity.
2. Withdrawal, deletion, or correction of all credit reporting within ten (10) business days.
3. Written confirmation of account closure.
4. Written confirmation of no further assignment or sale.
5. Mutual release of claims.

Deadline

This settlement demand expires at 5:00 p.m. Eastern Time on [__/__/____] (thirty days).

XIV. INDIANA-SPECIFIC NOTES AND PRACTICE CONSIDERATIONS

A. The "Sleeping Giant" — Indiana DCSA

The Indiana Deceptive Consumer Sales Act has been described as a "sleeping giant" of consumer protection law. Its key strengths in the debt collection context include:

1. Automatic FDCPA-to-DCSA Conversion: Every FDCPA violation is automatically a deceptive act under IC § 24-5-0.5-3(b)(14), allowing consumers to recover state treble damages in addition to federal statutory damages.

2. Treble Damages: The DCSA provides for treble damages (3x actual damages) for uncured or incurable deceptive acts — far exceeding the $1,000 federal statutory cap.

3. $500 Minimum Floor: Even without proving substantial actual damages, a consumer can recover at least $500 under the DCSA.

4. Class Action Authorization: The DCSA specifically authorizes class actions, which can create significant aggregate liability.

B. Indiana Debt Buyers Act (IC § 24-5-15.5)

Indiana's Debt Buyers Act at IC § 24-5-15.5 imposes specific documentation requirements on debt buyers. A debt buyer who files suit must attach documentation including a copy of the signed contract, the complete chain of ownership, and account identifying information. A violation of IC § 24-5-15.5 is itself a deceptive act under the DCSA at IC § 24-5-0.5-3(b)(15).

C. Indiana Collection Agency Licensing

Indiana requires collection agencies to be licensed under IC § 25-11-1-1 et seq. The Indiana Secretary of State administers licensing.

D. Incurable vs. Curable Deceptive Acts

Under the DCSA, certain deceptive acts are "incurable," meaning the supplier cannot avoid treble damages by offering to cure. When an FDCPA violation under IC § 24-5-0.5-3(b)(14) is treated as an incurable deceptive act, the consumer is entitled to treble damages without any cure opportunity.

E. Indiana as a One-Party Consent State

Indiana is a one-party consent state for telephone recording under IC § 35-33.5-5-5.

F. Six-Year Statute of Limitations on Underlying Debt

Indiana has a six-year statute of limitations for most consumer debts under IC § 34-11-2-9 (written contracts) and IC § 34-11-2-7 (oral contracts).

G. Venue and Jurisdiction

FDCPA claims may be brought in the Northern or Southern District of Indiana. Indiana DCSA claims are brought in the county circuit or superior court where the deceptive act occurred, where the consumer resides, or where the supplier resides.

XV. SOURCES AND REFERENCES

Federal Statutes

• Fair Debt Collection Practices Act: 15 U.S.C. § 1692 et seq.
• § 1692c — Communication restrictions
• § 1692d — Harassment or abuse
• § 1692e — False or misleading representations
• § 1692f — Unfair practices
• § 1692g — Validation of debts
• § 1692k — Civil liability
• Fair Credit Reporting Act: 15 U.S.C. § 1681 et seq.
• Consumer Financial Protection Act: 12 U.S.C. § 5531

Indiana Statutes

• Indiana Deceptive Consumer Sales Act: IC § 24-5-0.5-1 et seq.
• § 24-5-0.5-2 — Definitions (including "consumer transaction" covering debt collection)
• § 24-5-0.5-3 — Unfair, abusive, or deceptive acts; enumeration
• § 24-5-0.5-4 — Actions and proceedings; damages (treble damages, $500 minimum)
• § 24-5-0.5-4-b — Violations involving debt collection
• § 24-5-0.5-5 — Limitation of actions (2 years)
• Indiana Debt Buyers Act: IC § 24-5-15.5
• § 24-5-15.5-5 — Required documentation for debt buyer plaintiffs
• Indiana Collection Agency Licensing: IC § 25-11-1-1 et seq.
• Indiana Statute of Limitations:
• § 34-11-2-7 — Six years (oral contracts)
• § 34-11-2-9 — Six years (written contracts)
• § 34-11-2-12 — Ten years (judgments)
• Indiana Recording Law: IC § 35-33.5-5-5 (one-party consent)

Regulatory Agencies

• Consumer Financial Protection Bureau: https://www.consumerfinance.gov/
• Indiana Attorney General, Consumer Protection Division: https://www.in.gov/attorneygeneral/
• Indiana Secretary of State (collection agency licensing): https://www.in.gov/sos/
• Federal Trade Commission: https://www.ftc.gov/

Notable Case Law and Commentary

• "The Sleeping Giant: Indiana's Deceptive Consumer Sales Act" — analysis of the DCSA's powerful consumer protections in debt collection contexts

XVI. CLOSING

This letter serves as formal notice and demand. Indiana's DCSA, with its automatic conversion of FDCPA violations into treble-damages-eligible state claims, creates extraordinary exposure for your company. We strongly recommend prompt resolution to avoid the compounding of damages that will result from continued violations.

Respectfully submitted,

[________________________________]
[Attorney Signature]

[________________________________]
[Attorney Name, Printed]
[Law Firm Name]
[Indiana Attorney No.: ________________________________]
[Address]
[City, State ZIP]
[Telephone]
[Email]

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy was sent via Certified Mail, Return Receipt Requested, and via First-Class U.S. Mail, to the above-named addressee(s).

Certification No.: [________________________________]

[________________________________]
[Signature]

This template is provided for informational purposes only and does not constitute legal advice. It must be reviewed, customized, and approved by a qualified attorney licensed in Indiana before use. The law is subject to change; all citations should be verified. This document does not create an attorney-client relationship between any party and ezel.ai or its affiliates.

Template prepared for use on the ezel.ai platform.