⚖️ FDCPA CLIENT RESEARCH GUIDE

Know Your Rights. Protect Yourself. Build Your Case.

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1️⃣ What Is the FDCPA?

The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers from abusive, unfair, and deceptive debt collection practices.

It applies to:

• Third-party debt collectors

• Collection law firms

• Debt buyers

• Some loan servicers (depending on timing)

It generally does not apply to:

• The original creditor (with limited exceptions)

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2️⃣ What Counts as a “Debt”?

The FDCPA protects debts that are:

• For personal use

• For family use

• For household purposes

Examples:

• Credit cards

• Medical bills

• Personal loans

• Auto loans

• Utility bills

It usually does not apply to:

• Business debts

• Commercial loans

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3️⃣ What Debt Collectors Are NOT Allowed To Do

🚫 Improper Communication

Collectors cannot:

• Call before 8:00 a.m.

• Call after 9:00 p.m.

• Call repeatedly to harass you

• Contact your employer after being told not to

• Discuss your debt with friends or family

• Continue contacting you after a written cease letter

• Contact you directly if you are represented by an attorney

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🚫 Harassment or Abuse

Collectors cannot:

• Use profanity

• Yell or intimidate you

• Call over and over to annoy you

• Threaten violence

• Threaten arrest

• Use obscene or abusive language

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🚫 False or Misleading Statements

Collectors cannot:

• Threaten arrest (debt is not a crime)

• Threaten jail

• Pretend to be attorneys if they are not

• Pretend to be from the government or a court

• Claim a lawsuit has been filed when it hasn’t

• Say wages will be garnished without a court judgment

• Add fees not allowed by contract

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🚫 Validation Violations

Within 5 days of first contact, a collector must send a written notice explaining:

• The amount of the debt

• The name of the original creditor

• Your right to dispute the debt

If you dispute in writing within 30 days:

• They must stop collecting until they provide verification.

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4️⃣ The “Least Sophisticated Consumer” Standard

Courts evaluate collection behavior based on how the least sophisticated consumer would interpret the communication — not how a lawyer would read it.

If something would confuse, mislead, or intimidate an average person, it may violate the law.

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5️⃣ How to Research Whether Your Collector Is Violating the Law

Step 1: Track All Communications

Use:

• FDCPA Communication Log

• Violation Checklist

Document:

• Date and time of calls

• What was said

• Threats made

• Witnesses present

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Step 2: Save Evidence Immediately

Preserve:

• Voicemails

• Text messages

• Emails

• Letters and envelopes

• Screenshots of call logs

• Credit report snapshots

Evidence often disappears.

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Step 3: Check Your Credit Report

Look for:

• Incorrect balances

• Incorrect dates

• Accounts not marked “Disputed”

• Re-aging of old debt

• Duplicate accounts

Take screenshots and download full reports.

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Step 4: Send a Written Dispute or Validation Request

If appropriate, send:

• Debt validation letter

• Cease and desist letter

• Limited cease letter

Send via Certified Mail Return Receipt Requested.

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6️⃣ Common FDCPA Red Flags

🚨 “You will be arrested today.”
🚨 “The sheriff is coming.”
🚨 “We are filing charges.”
🚨 “This is your last chance before court.”
🚨 “We will garnish your wages immediately.”
🚨 Calling your employer.
🚨 Calling your family about your debt.
🚨 Refusing to provide written proof.

These are often strong violation indicators.

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7️⃣ What Makes an FDCPA Case Stronger?

Your case becomes stronger if:

✔ You have saved voicemails
✔ You have proof of repeated calls
✔ They threatened legal action falsely
✔ They contacted third parties
✔ You sent a certified dispute letter
✔ They continued collecting after dispute
✔ They failed to mark debt as “disputed”
✔ You documented emotional distress

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8️⃣ Damages You May Be Entitled To

Under federal law, you may recover:

• Up to $1,000 in statutory damages

• Attorney’s fees (paid by the collector)

• Court costs

• Emotional distress damages (in some cases)

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9️⃣ What NOT To Do

Do NOT:

❌ Admit the debt is yours
❌ Agree to a payment plan verbally
❌ Make a partial payment without legal advice
❌ Provide bank account information
❌ Ignore real court papers

Partial payments can restart the statute of limitations in some states.

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🔟 When to Contact an Attorney Immediately

Call your attorney if:

• You receive court papers

• A collector threatens arrest

• They contact your employer

• They continue calling after a cease letter

• They misrepresent a lawsuit

• They report incorrect information on your credit report

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🧠 Why Research and Documentation Matter

Debt collectors often deny wrongdoing.

Documentation:

• Increases settlement value

• Strengthens your credibility

• Reduces “he said/she said” disputes

• Creates leverage in negotiation

• Helps your attorney evaluate your case quickly

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📌 Final Client Checklist

☐ I started a call log
☐ I saved voicemails
☐ I took screenshots
☐ I saved letters and envelopes
☐ I checked my credit report
☐ I did not admit the debt
☐ I did not make a payment

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⚖️ GINSBURG LAW GROUP FDCPA CLIENT TOOLKIT

(Know Your Rights. Protect Yourself. Build Your Case.)

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SECTION 1: KNOW YOUR RIGHTS (Plain-English Overview)

What Is the FDCPA?

The Fair Debt Collection Practices Act (15 U.S.C. § 1692) protects consumers from abusive, deceptive, and unfair debt collection practices.

It applies to:

• Third-party debt collectors

• Collection law firms

• Debt buyers

• Some loan servicers (depending on timing)

It generally does not apply to:

• The original creditor (in most cases)

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Collectors CANNOT:

• Call before 8 a.m. or after 9 p.m.

• Call repeatedly to harass you

• Threaten arrest

• Threaten jail

• Pretend to be lawyers or government officials

• Discuss your debt with others

• Add unauthorized fees

• Continue collecting after a written dispute (without validation)

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SECTION 2: WHAT TO DO IMMEDIATELY

Step 1: Do NOT Admit the Debt

Do not say:

• “Yes, that’s my debt”

• “I’ll pay something”

• “I owe it but can’t pay”

Admissions can complicate your case.

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Step 2: Do NOT Give:

• Bank account info

• Debit card info

• Employer details

• Social Security number

• Updated address unless necessary

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Step 3: Start Documenting Everything

Use:

• 📞 FDCPA Communication Log

• 📋 FDCPA Violation Checklist

Save:

• Call screenshots

• Voicemails

• Text messages

• Letters and envelopes

• Certified mail receipts

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SECTION 3: SAMPLE LETTERS INCLUDED

Your toolkit should include:

✔ Cease and Desist Letter
✔ Debt Validation Letter
✔ Stop Calling Work Letter
✔ Dispute Letter
✔ “I Am Represented” Letter

Instruction:

• Mail Certified Return Receipt

• Keep copies

• Notify us when sent

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SECTION 4: HIGH-VALUE VIOLATIONS (These Often Lead to Strong Cases)

🚨 Threats of arrest
🚨 Threats of criminal charges
🚨 Fake lawsuits
🚨 Impersonating attorneys
🚨 Saying “you will be served tomorrow” falsely
🚨 Calling 5+ times per day
🚨 Contacting employer after told not to
🚨 Ignoring written dispute
🚨 Failing to mark credit report as disputed

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SECTION 5: HOW DAMAGES WORK

Under the FDCPA:

• Up to $1,000 statutory damages

• Plus emotional distress damages (in some cases)

• Plus attorney’s fees paid by the collector

Many cases settle without you paying attorney fees.

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SECTION 6: COMMON SCAMS TO WATCH FOR

⚠ Caller says you will be arrested today
⚠ Caller says sheriff is on the way
⚠ Caller demands payment by gift card
⚠ Caller refuses to provide written validation
⚠ Caller says “you cannot dispute this”

If this happens — call us immediately.

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SECTION 7: CREDIT REPORT PROTECTION GUIDE

If debt appears on your credit report:

1. Take screenshot immediately

2. Check if marked “Disputed”

3. Do not dispute online without legal advice

4. Contact our office first

Online disputes can complicate FDCPA/FCRA strategy.

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SECTION 8: STATUTE OF LIMITATIONS WARNING

Even if the debt is old:

• You may still have FDCPA claims.

• Do NOT make partial payments on old debt without legal advice.

• Making a payment can revive statute of limitations in some states.

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SECTION 9: CASE VALUE ENHANCERS

Your case becomes stronger if:

✔ You sent a written dispute
✔ They ignored it
✔ You have saved voicemails
✔ You have proof of repeated calls
✔ They threatened legal action falsely
✔ They contacted third parties
✔ You experienced stress or anxiety

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SECTION 10: CLIENT ACTION CHECKLIST

☐ Sent validation letter
☐ Started call log
☐ Saved evidence
☐ Forwarded collector letters to firm
☐ Pulled credit report
☐ Did NOT admit debt
☐ Did NOT pay collector

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✅ FDCPA VIOLATION QUICK CHECKLIST

(Check all that apply — each “YES” may be an FDCPA violation.)

Client Name: ___________________________
Collector Name: ___________________________
Account Number (if known): ___________________________
Date Completed: ___________________________

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📞 COMMUNICATION VIOLATIONS (15 U.S.C. § 1692c)

☐ Called before 8:00 a.m.
☐ Called after 9:00 p.m.
☐ Called repeatedly in a short period of time
☐ Contacted me after I told them to stop calling
☐ Continued contacting me after receiving a Cease & Desist letter
☐ Contacted me at work after being told not to
☐ Contacted my family, friends, neighbors, or employer
☐ Discussed the debt with someone other than me
☐ Left voicemail messages that revealed the debt to others
☐ Used social media or public posts to contact me

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📢 HARASSMENT / ABUSE (15 U.S.C. § 1692d)

☐ Used profanity or insulting language
☐ Yelled or became aggressive
☐ Threatened me or tried to intimidate me
☐ Called over and over to annoy or harass
☐ Hung up repeatedly
☐ Made me feel unsafe or pressured

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❌ FALSE OR MISLEADING STATEMENTS (15 U.S.C. § 1692e)

☐ Threatened arrest or criminal charges
☐ Threatened garnishment without a judgment
☐ Threatened to sue when they likely could not or did not intend to
☐ Claimed they were “legal department” or implied they were attorneys
☐ Claimed papers were “already filed” when they were not
☐ Claimed they had a judgment when they did not
☐ Misrepresented the amount of the debt
☐ Told me I owed fees/interest that were not authorized
☐ Pretended to be affiliated with the government or court
☐ Sent letters that looked like court documents
☐ Said I had “no rights” or could not dispute the debt
☐ Failed to tell me they were a debt collector

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💰 UNFAIR PRACTICES (15 U.S.C. § 1692f)

☐ Tried to collect more than what is actually owed
☐ Added unauthorized “collection fees”
☐ Refused to provide details of the debt
☐ Tried to pressure me into paying immediately
☐ Threatened to take property they had no right to take
☐ Tried to withdraw money from my bank account without permission

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📄 VALIDATION NOTICE / DISPUTE VIOLATIONS (15 U.S.C. § 1692g)

☐ Did not send me a written validation notice within 5 days
☐ Ignored my written dispute request
☐ Continued collecting after I disputed and requested validation
☐ Failed to provide proof of the debt when requested
☐ Failed to provide the name of the original creditor

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📍 CREDIT REPORTING / FCRA-RELATED FLAGS

☐ Reported the debt to credit bureaus incorrectly
☐ Reported the debt but did not mark it as “DISPUTED”
☐ Threatened credit reporting as a way to force payment
☐ Reported the debt after I disputed it

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🧾 DOCUMENTS AVAILABLE (Evidence Checklist)

☐ Call logs/screenshots
☐ Voicemails saved
☐ Text messages saved
☐ Emails saved
☐ Letters/envelopes saved
☐ Certified mail receipts
☐ Witness available
☐ Recording of call (if legally obtained)

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EMOTIONAL DISTRESS WORKSHEET

(FDCPA Harassment & Stress Documentation Form)

Client Name: ____________________________
Collector Name: ____________________________
Account Number (if known): ____________________________
Date Started Receiving Calls/Contact: ____________________________

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1. WHAT HAPPENED?

Briefly describe what the debt collector did that caused stress or anxiety:

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2. SYMPTOMS CHECKLIST (Check All That Apply)

Anxiety / Emotional Symptoms

☐ Anxiety
☐ Panic attacks
☐ Feeling overwhelmed
☐ Fear of answering the phone
☐ Fear of checking voicemail
☐ Crying spells
☐ Depression or sadness
☐ Irritability
☐ Embarrassment/shame
☐ Feeling unsafe
☐ Fear of arrest
☐ Fear of losing job
☐ Fear of losing home
☐ Other: ____________________________

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Sleep Issues

☐ Trouble falling asleep
☐ Trouble staying asleep
☐ Nightmares
☐ Waking up panicked
☐ Sleeping more than usual
☐ Fatigue during the day

Approximate hours of sleep per night: ________

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Physical Symptoms

☐ Headaches
☐ Stomach pain / nausea
☐ Chest tightness
☐ Heart racing
☐ Shortness of breath
☐ Appetite changes
☐ Weight loss/gain
☐ Elevated blood pressure
☐ Other: ____________________________

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3. DAILY LIFE IMPACT

Work/Employment Impact

☐ Missed work
☐ Reduced productivity
☐ Trouble concentrating
☐ Fear collector will contact employer
☐ Collector called workplace
☐ Discipline or warnings at work
☐ Other: ____________________________

Explain:

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Family / Personal Impact

☐ Arguments with spouse/partner
☐ Stress around children
☐ Isolation from friends/family
☐ Avoiding social situations
☐ Embarrassment due to calls/letters
☐ Other: ____________________________

Explain:

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4. HOW OFTEN DO YOU EXPERIENCE STRESS FROM THIS?

☐ Daily
☐ Several times per week
☐ Weekly
☐ Only when they call
☐ Only after letters arrive

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5. STRESS SEVERITY SCALE (1–10)

Rate your stress level caused by the debt collector:

1 2 3 4 5 6 7 8 9 10
(circle one)

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6. MEDICAL OR COUNSELING TREATMENT (IF ANY)

Have you sought treatment?
☐ Yes
☐ No

If yes, check all that apply:
☐ Doctor visit
☐ Therapy/counseling
☐ ER/Urgent care
☐ Medication prescribed
☐ Missed appointments due to stress

Describe:

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7. WITNESSES (IMPORTANT)

Has anyone witnessed your distress, crying, panic, or fear?
☐ Yes
☐ No

If yes, list names:

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8. CLIENT STATEMENT (POWERFUL FOR CLAIMS)

In your own words, explain how this has affected you emotionally:

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---

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Client Signature: _______________________ Date: ___________

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 VOICEMAIL PRESERVATION GUIDE

(How to Save Evidence Before It Disappears)

Debt collectors often leave voicemails that contain FDCPA violations. Do not delete them. Save them immediately.

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STEP 1: SAVE THE VOICEMAIL

If you have an iPhone:

1. Open Phone App

2. Tap Voicemail

3. Select the voicemail

4. Tap Share

5. Send it to yourself by:

   • Email

   • AirDrop

   • Save to Files (recommended)

📌 Best option: Save to Files → iCloud Drive → Folder labeled “Debt Collector Evidence.”

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If you have an Android:

1. Open Phone App

2. Go to Voicemail

3. Tap and hold the voicemail

4. Select Save or Share

5. Email it to yourself or save to Google Drive

If your phone does not allow exporting, you can:

• Record the voicemail using another device

• Screenshot the call log showing the voicemail date/time

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STEP 2: TAKE SCREENSHOTS

Take screenshots showing:

• The caller number

• The voicemail length

• The date and time

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STEP 3: DO NOT EDIT THE FILE

Do not rename the voicemail in a way that changes the file type.

Instead, label it clearly, such as:

• “Collector voicemail 2026-02-11 2pm”

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STEP 4: BACK IT UP

Save copies in at least two locations:
☐ Email to yourself
☐ Cloud storage (Google Drive/iCloud)
☐ Forward to attorney
☐ USB drive

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STEP 5: WRITE DOWN WHAT WAS SAID

In your FDCPA log, write:

• Threats made

• Tone used

• Whether they identified themselves

• Whether they mentioned lawsuit/arrest/garnishment

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🚨 IMPORTANT:
Do not call back without speaking to your attorney first.

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CREDIT REPORT SNAPSHOT GUIDE

(How to Preserve Credit Reporting Evidence)

Debt collectors often violate federal law by reporting incorrect information or failing to mark debts as disputed. Credit reports change quickly, so evidence must be preserved.

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STEP 1: GET YOUR CREDIT REPORT

Use one of the following:

• AnnualCreditReport.com

• Experian / Equifax / TransUnion directly

• Credit Karma (helpful, but not always complete)

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STEP 2: TAKE SCREENSHOTS OF THE TRADELINE

For each collection account, screenshot:

☐ Collector name
☐ Account number (partial is fine)
☐ Date opened
☐ Balance
☐ Payment status
☐ Remarks section
☐ Whether it says “Disputed”
☐ Date last reported
☐ Any “past due” amount

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STEP 3: DOWNLOAD A FULL PDF COPY

If possible, download the entire report as PDF.

Save it as:
CreditReport_[ClientName]_[Date].pdf

Example:
CreditReport_AmySmith_2026-02-11.pdf

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STEP 4: TAKE A “DISPUTE STATUS” SCREENSHOT

If you disputed the debt, screenshot proof of:

• dispute submission date

• confirmation number

• dispute reason

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STEP 5: PRESERVE YOUR TIMELINE

Write down:

• Date you first saw the collection account: __________

• Date you disputed it (if applicable): __________

• Date you requested validation: __________

• Date collector last updated credit report: __________

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🚨 IMPORTANT WARNING
Do not dispute online without legal advice if litigation is likely, because the wording used can affect your case.

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SETTLEMENT LEVERAGE GUIDE

(Why Documentation Makes Your Case More Valuable)

Most FDCPA cases settle faster — and for more money — when the consumer has strong documentation.

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WHY EVIDENCE MATTERS

Debt collectors often deny wrongdoing. Your evidence creates pressure and credibility.

Evidence helps prove:

• Harassment

• False threats

• Improper contact

• Failure to validate

• Credit reporting violations

• Emotional distress damages

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HIGH-VALUE EVIDENCE TYPES

1. Call Frequency Proof

Screenshots showing multiple calls per day can establish harassment.

Examples of strong evidence:

• 5 calls in one day

• Calls multiple days in a row

• Calls after a cease letter

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2. Voicemails with Threats

Voicemails are powerful because they capture tone and wording.

Most valuable voicemail phrases include:

• “We will have you arrested”

• “The sheriff is coming”

• “You will be sued tomorrow”

• “We are filing immediately”

• “This is your last chance”

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3. Letters That Look Like Court Documents

Collectors sometimes send “legal notice” letters designed to scare consumers.

If a letter looks like:

• a summons

• a court filing

• a judgment notice
  …it may be a major FDCPA violation.

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4. Credit Reporting Errors

Reporting debts inaccurately or failing to mark a debt as “disputed” can greatly increase settlement leverage.

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5. Certified Mail Receipts

Certified mail creates proof that the collector received:

• dispute letters

• validation requests

• cease letters

If they keep calling afterward, it strengthens your case.

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HOW THIS IMPACTS CASE VALUE

Documentation increases value because:

• It reduces “he said / she said” disputes

• It proves intent or reckless behavior

• It increases risk to the collector at trial

• It increases likelihood of attorney’s fees and damages

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BEST CLIENT STRATEGY

To maximize your case:

☐ Save all voicemails
☐ Take screenshots of call logs
☐ Keep all envelopes and letters
☐ Use the FDCPA Tracking Log
☐ Save credit report snapshots
☐ Send letters Certified Mail
☐ Do not admit the debt
☐ Do not make payments without legal advice

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WHAT YOU MAY RECOVER

Depending on the facts, FDCPA cases may allow recovery of:

• Up to $1,000 statutory damages

• Attorney’s fees paid by the collector

• Costs of litigation

• Emotional distress damages (in certain cases)

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🔎 HOW TO RESEARCH A DEBT COLLECTION COMPANY

A Client Guide to Finding Important Information

If a debt collector is contacting you, it’s important to learn who they are and whether they are operating legally.

This guide shows you where to find reliable information.

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1️⃣ Start With the Basics

Before researching, gather:

☐ Company name (exact spelling from letter or voicemail)
☐ Phone number they used
☐ Mailing address
☐ Website (if any)
☐ Name of individual caller
☐ Account number (if given)

⚠️ Important: Some collectors use similar names to legitimate companies. Exact spelling matters.

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2️⃣ Check the CFPB Complaint Database

The Consumer Financial Protection Bureau (CFPB) tracks complaints against debt collectors.

🔗 Visit:
consumerfinance.gov/complaint/

Search the company name.

Look for:

• Volume of complaints

• Patterns of threats or harassment

• Credit reporting issues

• Lawsuit threats

• Failure to validate debts

📌 Multiple similar complaints can strengthen your case.

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3️⃣ Check the Better Business Bureau (BBB)

🔗 Visit:
bbb.org

Search the company name.

Review:

• Customer complaints

• Patterns of misconduct

• Rating history

• How complaints were handled

⚠️ A poor rating alone does not prove illegality — but repeated similar complaints matter.

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4️⃣ Check Your State Licensing

Many states require debt collectors to be licensed.

Search:
“[Your State] debt collector license lookup”

Check:

• Is the company licensed?

• Is the license active?

• Has it expired or been revoked?

• Is the name slightly different than what they gave you?

Operating without required licensing may violate state law.

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5️⃣ Search Federal Court Records (PACER)

You can check if the company:

• Has sued consumers frequently

• Has been sued under the FDCPA

• Has prior judgments against it

Visit:
pacer.uscourts.gov

Search:

• Company name

• Variations of company name

⚠️ If this is complicated, your attorney can assist.

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6️⃣ Search Your State Court System

Search your state court online portal for:

• Lawsuits filed by the collector

• Collection actions

• Default judgments

This helps determine:

• Whether they actually sue

• Whether threats of lawsuits are realistic

• Whether they misrepresented legal action

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7️⃣ Check the FTC and CFPB Enforcement Actions

Search:

• “FTC enforcement [company name]”

• “CFPB enforcement [company name]”

Look for:

• Consent orders

• Fines

• Settlements

• Prior federal investigations

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8️⃣ Look for Name Variations

Debt collectors often operate under:

• DBA names (“Doing Business As”)

• Subsidiaries

• Related LLCs

Search:
“[Company name] DBA”
“[Company name] affiliated with”
“[Company name] parent company”

This can reveal larger corporate structures.

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9️⃣ Verify Their Contact Information

Compare:

• Address on letter

• Address on website

• Address on state records

• Address on BBB

Red flags:
🚩 Different addresses
🚩 P.O. boxes only
🚩 No physical location listed
🚩 Website created very recently

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🔟 Check Their Website Carefully

If they have a website:

Look for:

• Full legal name

• Licensing disclosures

• Required FDCPA disclosures

• Privacy policy

• Physical address

Red flags:
🚩 No company history
🚩 No licensing information
🚩 Only payment portal
🚩 Poor grammar or vague language

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1️⃣1️⃣ Search News and Legal Databases

Google search:
“[Company name] lawsuit”
“[Company name] FDCPA”
“[Company name] harassment”
“[Company name] settlement”

You may find:

• Class action lawsuits

• News reports

• Consumer warnings

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1️⃣2️⃣ Watch for Scam Indicators

🚨 Refuses to provide mailing address
🚨 Demands payment by gift card
🚨 Threatens arrest immediately
🚨 Refuses to send written validation
🚨 Says you cannot dispute the debt
🚨 Pressures you to pay “today only”

If you suspect a scam:

• Do NOT pay

• Do NOT give banking information

• Contact your attorney immediately

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📌 Why This Research Matters

Research can help determine:

• Whether the collector is legitimate

• Whether they are licensed

• Whether they have a history of violations

• Whether threats are credible

• Whether litigation leverage exists

Patterns of complaints or enforcement actions may increase settlement pressure.

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📂 What to Send to Your Attorney

If you find anything, send:

☐ Screenshots of complaint history
☐ Licensing lookup results
☐ Enforcement articles
☐ Court case screenshots
☐ Website screenshots
☐ Evidence of inconsistent information

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⚖️ Important Reminder

Do not contact the collector to confront them about what you found.
Do not accuse them of illegal conduct.
Do not threaten legal action yourself.

Let your attorney handle that strategy.

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🚨 “IS THIS A DEBT COLLECTION SCAM?”

QUICK-REFERENCE SHEET FOR CLIENTS

If someone contacts you claiming you owe a debt, use this checklist before giving any information or money.

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✅ STEP 1: QUICK SCAM CHECKLIST

If you check ANY of these boxes, it may be a scam.

☐ They threatened you with arrest
☐ They said the police/sheriff are coming
☐ They said you will be criminally charged
☐ They demanded payment immediately
☐ They told you “this is your last chance”
☐ They refused to send anything in writing
☐ They refused to provide a mailing address
☐ They refused to tell you the name of the original creditor
☐ They said you are “not allowed” to dispute the debt
☐ They became aggressive, abusive, or threatening
☐ They called repeatedly in a short period
☐ They demanded payment by gift card, prepaid card, or cryptocurrency
☐ They demanded payment through Cash App, Venmo, Zelle, Apple Pay, or wire transfer
☐ They told you to “stay on the phone” while you make payment
☐ They told you not to contact an attorney
☐ They used vague names like “Legal Department” or “Litigation Office”
☐ Their caller ID looked “spoofed” or changed frequently

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🚩 BIGGEST RED FLAGS (MOST COMMON SCAMS)

🚨 “You Will Be Arrested”

Debt is a civil matter. Debt collectors cannot legally arrest you.

🚨 “You’ll Be Served Today”

Collectors often use fake urgency to scare consumers into paying.

🚨 “Pay by Gift Card or Crypto”

Legitimate debt collectors almost never demand payment through:

• gift cards

• crypto

• cash transfer apps

🚨 “We Can’t Mail Anything”

Legitimate collectors can and should provide written verification.

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🧾 STEP 2: QUESTIONS TO ASK (DO NOT ARGUE)

If you feel safe speaking, ask:

1. What is your company’s full legal name?

2. What is your mailing address?

3. What is your callback number?

4. What is the name of the original creditor?

5. What is the account number?

6. What is the exact amount you claim I owe?

7. Can you send written verification of the debt?

If they refuse any of the above → 🚩 major warning sign.

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🔎 STEP 3: HOW TO VERIFY THE COMPANY

Before paying anything:

✅ Verify the company using:

☐ CFPB Complaint Database
☐ Better Business Bureau (BBB)
☐ State licensing database
☐ Google reviews and company website
☐ Court records (state or federal)

If you cannot confirm they are legitimate, do not pay.

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💳 STEP 4: WHAT YOU SHOULD NEVER GIVE OUT

Do NOT give:

❌ Social Security Number
❌ Bank account information
❌ Debit card number
❌ Employer name
❌ Login credentials
❌ Copies of ID documents
❌ Date of birth (unless you are certain they are legitimate)

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📌 STEP 5: WHAT TO DO IF YOU THINK IT’S A SCAM

If you suspect a scam:

Immediately:

☐ Hang up
☐ Save the voicemail
☐ Screenshot the caller ID / call log
☐ Save any texts or emails
☐ Write down what they said
☐ Do not pay anything

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📂 STEP 6: EVIDENCE TO SAVE (VERY IMPORTANT)

Save:

☐ Voicemails
☐ Call recordings (if legally allowed)
☐ Call log screenshots
☐ Letters/envelopes
☐ Text messages
☐ Emails
☐ Payment requests
☐ Threats or statements made

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⚖️ STEP 7: LEGAL NOTE FOR CLIENTS

Even if the debt is real, debt collectors often violate federal law through:

• threats

• harassment

• misleading statements

• false urgency

• improper credit reporting

These violations may entitle you to compensation.

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☎️ WHEN TO CONTACT AN ATTORNEY IMMEDIATELY

Contact an attorney if a collector says:

• “You will be arrested”

• “Sheriff is coming”

• “Charges are being filed”

• “You will be sued today”

• “We will garnish your wages now”

• “You cannot dispute this debt”

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SIMPLE RULE TO REMEMBER

If they are pressuring you to pay today, it’s a major warning sign.

Legitimate debt collectors can send documentation. Scammers rely on fear and urgency.

• “You cannot dispute this debt”

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⭐SAMPLE LETTERS⭐

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1. FDCPA CEASE AND DESIST LETTER (STOP ALL CONTACT)

[Client Full Name]
[Client Address]
[City, State ZIP]
[Phone Number – optional]

Date: [Insert Date]

Via Certified Mail, Return Receipt Requested

[Debt Collector Name]
[Collector Address]
[City, State ZIP]

Re: Account Number: [Insert Account Number if known]
Original Creditor: [Insert if known]

To Whom It May Concern:

I am writing regarding the above-referenced alleged debt.

Pursuant to the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692c(c), I am demanding that you cease and desist from all further communication with me regarding this matter.

You are instructed to stop contacting me immediately by telephone, text message, email, mail, or any other method. If you continue to contact me after receipt of this letter, I will consider it a violation of federal law.

If you believe you may still pursue collection through legal means, you may only notify me of your specific intended remedy as allowed under the FDCPA.

Sincerely,

[Client Signature]
[Printed Name]

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2. FDCPA LETTER REQUESTING VALIDATION / DEBT VERIFICATION

[Client Name]
[Client Address]
[City, State ZIP]

Date: [Insert Date]

Via Certified Mail, Return Receipt Requested

[Debt Collector Name]
[Collector Address]

Re: Account Number: [Insert]
Original Creditor: [Insert]

To Whom It May Concern:

I am writing in response to your communication regarding the alleged debt referenced above.

This letter is a request for validation of the alleged debt pursuant to 15 U.S.C. § 1692g. I dispute this debt and request that you provide verification including, but not limited to:

1. The name and address of the original creditor

2. The amount of the alleged debt, including a breakdown of fees and interest

3. Documentation showing I am legally obligated to pay

4. A copy of any contract or agreement bearing my signature

5. Proof that your company has the legal authority to collect this debt

Until proper validation is provided, you must cease collection activity.

Sincerely,

[Client Signature]
[Printed Name]

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3. LIMITED CEASE LETTER (STOP CALLS / ONLY MAIL)

This is useful when clients still want written updates but want calls to stop.

[Client Name]
[Client Address]
[City, State ZIP]

Date: [Insert Date]

Via Certified Mail, Return Receipt Requested

[Collector Name]
[Collector Address]

Re: Account Number: [Insert]

To Whom It May Concern:

I am requesting that you stop contacting me by phone, text message, and email.

Pursuant to 15 U.S.C. § 1692c(a)(1) and 15 U.S.C. § 1692c(c), you are instructed to communicate with me only in writing via U.S. Mail at the address listed above.

Any further phone calls will be documented as potential FDCPA violations.

Sincerely,

[Client Signature]
[Printed Name]

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4. FDCPA “STOP CALLING MY JOB” LETTER

[Client Name]
[Client Address]

Date: [Insert Date]

Via Certified Mail, Return Receipt Requested

[Collector Name]
[Collector Address]

Re: Account Number: [Insert]

To Whom It May Concern:

You are hereby notified that you are not permitted to contact me at my workplace.

Pursuant to 15 U.S.C. § 1692c(a)(3), you are informed that my employer prohibits personal calls regarding alleged debts.

You are instructed to cease all communication with me at my place of employment immediately.

Sincerely,

[Client Signature]
[Printed Name]

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5. DISPUTE LETTER (DISPUTE THE DEBT ENTIRELY)

[Client Name]
[Client Address]

Date: [Insert Date]

Via Certified Mail, Return Receipt Requested

[Collector Name]
[Collector Address]

Re: Account Number: [Insert]

To Whom It May Concern:

I dispute the alleged debt referenced above. I do not agree that I owe this amount, and I request that you cease all collection efforts until you provide validation pursuant to 15 U.S.C. § 1692g.

Additionally, if you have reported this debt to any credit reporting agency, you must mark it as disputed.

Sincerely,

[Client Signature]
[Printed Name]

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6. LETTER DEMANDING CREDIT REPORTING STOP / CORRECTION

[Client Name]
[Client Address]

Date: [Insert Date]

Via Certified Mail, Return Receipt Requested

[Collector Name]
[Collector Address]

Re: Account Number: [Insert]

To Whom It May Concern:

I dispute this alleged debt and request validation. If you have furnished information regarding this account to any credit reporting agency, I demand that the account be reported as “DISPUTED” immediately.

Failure to accurately report the status of the debt may constitute violations of the FDCPA and FCRA.

Sincerely,

[Client Signature]
[Printed Name]

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7. HARASSMENT / STOP THREATS LETTER (DOCUMENTING ABUSIVE CONDUCT)

This is a strong “paper trail” letter for later litigation.

[Client Name]
[Client Address]

Date: [Insert Date]

Via Certified Mail, Return Receipt Requested

[Collector Name]
[Collector Address]

Re: Account Number: [Insert]

To Whom It May Concern:

I am writing to formally notify you that your repeated calls and communications regarding this alleged debt are harassing and abusive.

Your conduct may violate the FDCPA, including but not limited to:

• 15 U.S.C. § 1692d (harassment/abuse)

• 15 U.S.C. § 1692e (false or misleading representations)

• 15 U.S.C. § 1692f (unfair practices)

I demand that you cease harassing communication immediately. If the conduct continues, I will document all communications and pursue legal remedies.

Sincerely,

[Client Signature]
[Printed Name]

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8. “I AM REPRESENTED BY COUNSEL” LETTER

This is extremely useful if a client retains your firm and collectors keep calling.

[Client Name]
[Client Address]

Date: [Insert Date]

Via Certified Mail, Return Receipt Requested

[Collector Name]
[Collector Address]

Re: Account Number: [Insert]

To Whom It May Concern:

Please be advised that I am represented by counsel regarding this matter.

Pursuant to 15 U.S.C. § 1692c(a)(2), you are instructed to cease direct communication with me and direct all communications to my attorney:

Ginsburg Law Group
[Insert Firm Address]
[Insert Phone]
[Insert Email]

Any further direct contact with me will be documented as a potential FDCPA violation.

Sincerely,

[Client Signature]
[Printed Name]

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9. LETTER REQUESTING ALL COMMUNICATION IN WRITING (TEXT/EMAIL PROHIBITED)

[Client Name]
[Client Address]

Date: [Insert Date]

Via Certified Mail, Return Receipt Requested

[Collector Name]
[Collector Address]

Re: Account Number: [Insert]

To Whom It May Concern:

You are instructed to cease contacting me via text message, email, or phone calls.

All communications must be made in writing by U.S. Mail only.

Sincerely,

[Client Signature]
[Printed Name]

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10. “NOT MY DEBT / IDENTITY THEFT” LETTER

[Client Name]
[Client Address]

Date: [Insert Date]

Via Certified Mail, Return Receipt Requested

[Collector Name]
[Collector Address]

Re: Account Number: [Insert]

To Whom It May Concern:

I dispute this alleged debt. This account is not mine and I believe it may be the result of identity theft or an error.

I request full validation under 15 U.S.C. § 1692g, and I demand that you cease collection activity until you provide documentation proving I am legally responsible.

Sincerely,

[Client Signature]
[Printed Name]

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CLIENT INSTRUCTIONS PAGE

How to Send These Letters

✅ Print and sign
✅ Mail Certified Mail Return Receipt Requested
✅ Keep a copy of the letter
✅ Keep the green card / USPS tracking confirmation
✅ Save voicemails, screenshots, call logs

What Clients Should NOT Do

❌ Do not admit the debt is theirs
❌ Do not offer partial payment
❌ Do not agree to a payment plan verbally
❌ Do not provide employer/bank info

can give as a handout or convert into a branded PDF.

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📞 FDCPA COMMUNICATION TRACKING LOG

(Keep this log for every call, voicemail, letter, text, or email from a debt collector.)

Client Name: ____________________________
Collector Name: ____________________________
Account Number (if known): ____________________________

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INCIDENT LOG ENTRIES

Entry #_____

Date of Contact: ____________________
Time of Contact: ____________________

Type of Contact (check one):
☐ Phone Call (answered)
☐ Phone Call (missed)
☐ Voicemail
☐ Text Message
☐ Email
☐ Letter
☐ Contact at Work
☐ Contact with Family/Friend
☐ Other: ____________________

Phone Number Used by Collector: ____________________
Name of Caller (if given): ____________________

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WHAT HAPPENED?

1. What did the collector say? (Be as specific as possible)

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2. Did they threaten any of the following? (check all that apply)
☐ Lawsuit
☐ Wage Garnishment
☐ Arrest
☐ Criminal Charges
☐ Seizure of Property
☐ Immediate Payment Demand
☐ Contacting Employer
☐ Contacting Family/Friends
☐ Other: ____________________

3. Did the caller use rude, abusive, or aggressive language?
☐ Yes
☐ No

If yes, describe exactly what was said:

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4. Did they call before 8:00 a.m. or after 9:00 p.m.?
☐ Yes
☐ No

5. Did they continue calling after you asked them to stop?
☐ Yes
☐ No

6. Did they identify themselves as a debt collector?
☐ Yes
☐ No

7. Were there any witnesses present?
☐ Yes
☐ No

If yes, list names:

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EVIDENCE SAVED

☐ Screenshot of call log
☐ Voicemail saved
☐ Text saved
☐ Email saved
☐ Letter saved
☒ Certified mail receipt (if applicable)

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CALL FREQUENCY TRACKER (IMPORTANT FOR HARASSMENT CLAIMS)

Use this section if they are calling repeatedly.

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🚨 IMPORTANT REMINDERS FOR CLIENTS

• Do NOT admit the debt is yours.

• Do NOT agree to a payment plan verbally.

• Do NOT provide bank or employment information.

• Save all voicemails and take screenshots of call logs.

• Keep envelopes from mailed letters (date stamps matter).

• Notify your attorney immediately if:

  • You are threatened with arrest

  • You are told you will be sued “today”

  • They contact your employer or family

  • They continue calling after a cease letter

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⚖️ Why This Log Matters

This documentation helps prove violations of:

• 15 U.S.C. § 1692d – Harassment or abuse

• 15 U.S.C. § 1692e – False or misleading representations

• 15 U.S.C. § 1692c – Improper communications

• 15 U.S.C. § 1692f – Unfair practices

Detailed logs significantly increase the strength and settlement value of FDCPA cases.

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Need more help? Give us a call – 855-978-6564!