FDCPA – Evidence

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    How to Gather Evidence for an FDCPA Case

    This guide will help you collect the right information if you believe a debt collector has violated your rights under the Fair Debt Collection Practices Act (FDCPA). This is for educational purposes only and is not legal advice.

    Why Evidence Matters

    The FDCPA protects you from abusive, deceptive, or unfair debt collection practices.


    But your claim is only as strong as the evidence you have — the right proof can mean the difference between winning your case and having it dismissed.

    Step 1: Keep a Contact Log

    What to track:

    • Date and time of each call or message

    • Name of the caller (ask and write it down)

    • Company name they say they represent

    • Phone number shown on caller ID

    • Summary of what was said (especially threats, false statements, or harassment)

    Tip: Write entries immediately after the contact — memory fades fast.

    Step 2: Save All Written Communications

    Examples:

    • Collection letters

    • Emails from the collector

    • Text messages

    • Postcards or notices

    • Voicemail transcripts from apps

    How to save:

    • Keep originals — don’t write notes directly on them.

    • Scan or photograph each item for a digital backup.

    • Store in a clearly labeled folder with the date received.

    Step 3: Record Phone Calls (Where Legal)

    • In many states, one-party consent is enough (you can record if you are a party to the call).

    • In some states, all-party consent is required — check your state law first.

    • Use a phone recording app or external recorder if allowed.

    • Save recordings with clear file names, e.g., “2025-08-15 Debt Collector Call.mp3.”

    Even if you can’t legally record, you can take detailed notes during and immediately after the call.

    Step 4: Preserve Voicemails

    • Save the audio file directly from your phone.

    • If your carrier auto-deletes messages after a set period, back them up immediately.

    • Transcribe them word-for-word for easy reference.

    Step 5: Gather Proof of Harassment

    Harassment under the FDCPA can include repeated calls, obscene language, or calling at prohibited times (before 8 a.m. or after 9 p.m. in your time zone).

    Collect:

    • Phone bills or carrier call logs showing multiple calls per day

    • Screenshots of call frequency

    • Witness statements if someone overheard abusive language

    Step 6: Document Misrepresentations

    Collectors cannot lie about:

    • The amount you owe

    • Being attorneys if they are not

    • Threatening arrest, lawsuits, or wage garnishment without intent or legal right

    Evidence:

    • Written communications with false statements

    • Notes or recordings of verbal misrepresentations

    • Comparison between what the collector claims and your actual records

    Step 7: Keep Proof of Your Disputes

    If you send a debt validation request or a cease communication letter:

    • Keep a signed copy

    • Send it certified mail with return receipt

    • Save the USPS tracking and delivery confirmation

    Step 8: Preserve Evidence of Third-Party Contacts

    The FDCPA limits contacting your friends, family, or employer about your debt (except to get your location information).

    If this happens:

    • Ask the third party to write down exactly what was said and when

    • Save voicemails or texts sent to third parties

    • Get a copy of any letter or email sent to someone else about your debt

    Step 9: Back Up Everything

    • Keep both physical and digital copies

    • Use cloud storage with strong passwords

    • Organize files by date and type (calls, letters, recordings, receipts)

    Step 10: Work With a Timeline

    Once you have your evidence, arrange it in date order.
    A timeline makes it easier for your attorney to evaluate your case and for a judge or jury to see the pattern of violations.

    Sample FDCPA Evidence Checklist

    • Contact log (dates, times, names, numbers, summaries)

    • Written communications saved and scanned

    • Call recordings or detailed notes

    • Saved voicemails and transcripts

    • Carrier call logs / phone bills

    • Evidence of misrepresentation or false statements

    • Certified mail receipts for disputes or cease requests

    • Witness statements (if applicable)

    • Documentation of third-party contact

    • Chronological timeline of all events

    Pro Tip: Send a “Preservation Letter” Early

    If you’re working with an attorney, they may send a preservation letter to the collector, instructing them to keep all relevant call logs, recordings, and correspondence.

    This ensures important evidence doesn’t get “lost.”

    Bottom Line

    Debt collectors often count on consumers not keeping records.
    By documenting every interaction, you put yourself in a stronger position to prove violations and recover damages under the FDCPA.