Understanding your situation
What you need to prepare
- ✓The debt collector's company name, address, and phone number
- ✓Account number or reference number they use for the debt
- ✓Log of all calls and contacts — dates, times, what was said
- ✓Letters or written communications from the collector
- ✓The original creditor's name and the amount they claim
- ✓Evidence that the debt is not yours, is paid, or is time-barred (if applicable)
- ✓Any prior requests to stop calling and their response
⏰ Deadline
Send immediately. For debt validation requests, send within 30 days of the collector's initial written notice for strongest protection.
🏛️ Authority
US: CFPB, FTC, state attorney general. Civil court for FDCPA violations. UK: Financial Ombudsman Service, FCA. DE: Verbraucherzentrale.
⚖️ Legal basis
US: FDCPA (15 U.S.C. § 1692), specifically § 1692c(c) (cease communication), § 1692g (debt validation), § 1692d (harassment), § 1692k (damages). Regulation F (12 CFR Part 1006). UK: FCA CONC. DE: UWG, BGB.
Expert tips
- 1Send by certified mail with return receipt — the FDCPA cease communication right requires WRITTEN notice.
- 2Include a debt validation request if the debt is not yours or you dispute the amount.
- 3A cease and desist does NOT make the debt go away. The collector can still report to credit bureaus and file a lawsuit.
- 4Keep a detailed log of every call — this is evidence in any FDCPA lawsuit.
- 5File a complaint with the CFPB (consumerfinance.gov) in addition to sending the letter.
- 6Many consumer rights attorneys take FDCPA cases on contingency — statutory damages of $1,000 plus attorney fees.
- 7Check your state's statute of limitations. Making a payment on a time-barred debt can restart the clock in some states.
