If you believe a debt collector violated the FDCPA, evidence is critical.
Many consumers ask:
- What proof do I need?
- Do I need recordings?
- How do I document harassment?
Here is a practical checklist.
1️⃣ Call Logs
Save screenshots of:
- Incoming calls
- Missed calls
- Repeated calls
- Calls outside 8 a.m.–9 p.m.
Your phone records can help establish frequency and timing.
2️⃣ Voicemails
Do not delete voicemails.
Voicemails can prove:
- Threats
- Harassment
- Improper disclosures
- Failure to provide required disclosures
If possible, download and preserve the audio files.
3️⃣ Text Messages and Emails
Save all communications.
Look for:
- Threatening language
- False statements
- Demands that violate the law
- Contact outside permitted hours
Take screenshots and back them up.
4️⃣ Written Letters
Keep:
- Collection letters
- Validation notices
- Settlement offers
- Envelopes (date stamps can matter)
Improper disclosures, misleading statements, or missing required notices may violate the FDCPA.
5️⃣ Witness Statements
If a collector:
- Contacted your employer
- Told a family member about the debt
- Spoke to a third party
Ask those individuals to document:
- Date of contact
- What was said
- Who contacted them
Third-party disclosure is a common FDCPA violation.
6️⃣ Proof of Emotional Distress (If Applicable)
In some cases, consumers may claim emotional distress damages.
Helpful documentation can include:
- Medical records
- Counseling records
- Written notes about anxiety or distress
- Testimony from family members
Not all cases require this, but it may strengthen claims.
7️⃣ Account Documentation
Keep:
- Original creditor information
- Account statements
- Any disputes you submitted
- Certified mail receipts
If you disputed the debt and the collector failed to comply, that may support your claim.
8️⃣ Timeline of Events
Create a simple timeline including:
- When calls started
- What was said
- When letters were received
- When you disputed
- When improper disclosures occurred
A clear timeline helps an attorney evaluate your case quickly.
Common FDCPA Violations to Watch For
- Calling before 8 a.m. or after 9 p.m.
- Threatening arrest or jail
- Contacting your employer improperly
- Telling family members about your debt
- Misrepresenting the amount owed
- Continuing to collect after written dispute
- Harassing or repeated calls
Do You Need a Recording?
Not necessarily.
Many FDCPA cases are proven using:
- Call logs
- Letters
- Screenshots
- Witness testimony
However, if you are in a state that allows lawful recording and you choose to record, consult an attorney about consent laws.
The Bottom Line
Proving an FDCPA violation is often about preserving evidence.
Do not delete anything.
Document everything.
Act quickly — you generally have one year from the violation date.
If you suspect a violation, having an attorney review your documentation can help determine whether you may be entitled to damages.
