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Debt Collectors & Debt Buyers FDCPA Violations & Enforcement

FDCPA Formal Violation Notice & Pre-Litigation Notice of Intent to Sue

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When to use it

Send when a collector has committed documented FDCPA/Reg F violations and you are giving final pre-litigation notice before filing a federal lawsuit.

Preview

Bracketed fields are filled in from your account when you generate it.

[CLIENT FULL NAME] [CLIENT ADDRESS LINE1] [CLIENT CITY], [CLIENT STATE] [CLIENT ZIP] Phone: [CLIENT PHONE] Email: [CLIENT EMAIL] Date: [TODAY] [RECIPIENT NAME] [RECIPIENT ADDRESS BLOCK] RE: FORMAL NOTICE OF FDCPA VIOLATIONS AND PRE-LITIGATION NOTICE OF INTENT TO SUE PURSUANT TO 15 U.S.C. § 1692k Account Number: [ACCOUNT ACCOUNT NUMBER MASKED] Original Creditor: [ACCOUNT ORIGINAL CREDITOR] Collector Reference #: [ACCOUNT COLLECTOR REFERENCE] Dear [RECIPIENT NAME], This letter constitutes formal pre-litigation notice that your agency has engaged in multiple, actionable violations of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq., and CFPB Regulation F, 12 CFR Part 1006. Specifically, your agency has committed the following documented violations: 1. Violation Date: [VIOLATION DATE] 2. Statutory Prohibitions Violated: [VIOLATION DESCRIPTION] 3. Prior Dispute History: On [PRIOR LETTER DATE], I served formal written dispute via Certified Mail # [PRIOR LETTER CERTIFIED NUMBER]. Despite receipt, your agency failed to validate the debt, failed to mark the account disputed, or continued prohibited collection conduct. Under 15 U.S.C. § 1692k, an individual consumer who prevails in an FDCPA action is entitled to recover: - Up to $1,000.00 in statutory damages; - Actual damages for pecuniary loss and emotional distress; and - Mandatory court costs and reasonable attorney's fees. Prior to filing a formal complaint in Federal District Court and reporting your conduct to the CFPB, FTC, and [STATE NAME] State Attorney General, I am offering your agency fifteen (15) calendar days from receipt of this notice to cure these violations by: 1. Deleting all trade lines associated with this account from Equifax, Experian, TransUnion, and all other credit reporting agencies; 2. Terminating all collection activity and returning/closing the account as uncollectible; and 3. Issuing a formal written agreement confirming full release and mutual discharge of all claims. If I do not receive written confirmation of full compliance within 15 days, legal proceedings will be initiated without further notice. Sincerely, [CLIENT FULL NAME] Sent via Certified Mail, Return Receipt Requested: [LETTER CERTIFIED NUMBER]

Legal basis

15 U.S.C. § 1692k15 U.S.C. § 1692e15 U.S.C. § 1692f

Enclose

  • Evidence Log of Violations (Call logs, Credit Reports, Letters)

Before you send

  • Clear documentary evidence of one or more FDCPA violations (e.g. initial dispute ignored, false reporting, illegal fees, excessive calls).
Know this first
  • Do not admit owing the debt or promise to make any payment, as doing so may restart or reset the statute of limitations in some state jurisdictions.
  • Under 15 U.S.C. § 1692k, consumers are entitled to up to $1,000 in statutory damages per lawsuit, plus actual damages, court costs, and reasonable attorney's fees.

Follow up

Allow about 15 days for a response.