Did you know that collection agencies are subject to very strict regulations under the Fair Debt Collection Practices Act (FDCPA)? Any debt collector or collection agency in violation can and should be reported to the Federal Trade Commission (FTC). Outside links are not permitted here, but if you do a search for "FDCPA" you'll find the PDF document that you can read in full about which acts are prohibited for debt collectors.

Here's a handy checklist and guide if you think you are a victim of an abusive debt collector:

1. Take notes on all your communications with the debt collector. Each time you receive a phone call from the debt collector, write down the date and time they called, what was said and the name of the person calling.
2. After each phone call, immediately tell a friend or relative about what happened on the call and how it made you feel. Ask your friend to take notes as well.
3. Record your conversations with the debt collector if you can.
4. Better yet, if you have caller ID and see that the debt collector is calling, let them go to voicemail. Save all voice mails and messages of any kind from the debt collector. This is very important, since the messages may be your best evidence.
5. Save your phone bills if they reflect calls from the debt collector.
6. If you are experiencing any negative health effects from stress related to the calls, document those effects. If you buy any medication, including over the counter pain relievers, save the receipts and make a note of the purpose of the purchase on the back of the receipt.
7. Write a validation and cease and desist letter (see below) to both the debt collector and all three of the credit reporting agencies (only if this debt is being reported to them) within 30 days of first hearing from the collector. This letter demands that they verify the debt. If the credit reporting agencies cannot verify the debt within 30 days, they have to remove it from your record. The debt collector cannot attempt to collect the debt until they have verified it. Also, if the debt collector contacts you after receiving the letter, you have an FDCPA claim against them.
8. Keep a separate file for this debt collector and be sure to put your certified mail postmarked receipts as well as your return-receipt postcards (when you get them back in the mail). Anything and everything you have regarding this debt should be filed here as well.

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Here is a template for the letter of validation and cease and desist to send to the debt collector:

Your Name
Address
City, State Zip

Date

Debt Collector’s Name
Address
City, State Zip

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

Re: Account Number

Attention Debt Collector:

Thank you for your recent inquiry. This is not a refusal to pay, but a notice that your claim is being disputed. This is a request for validation made pursuant to the Fair Debt Collection Practices Act (FDCPA).

Be advised that I am not requesting a "verification" that you have my mailing address, I am requesting a "validation"; that is, competent evidence that I have some contractual obligation to pay you.

Your failure to satisfy this request within the requirements of the FDCPA will be construed as your absolute waiver of any and all claims against me, and your tacit agreement to compensate me for costs and attorney fees.

Pursuant to my rights under the FDCPA, this notice shall also serve as a limited cease and desist order and demand that all future communication be in writing, via postal mail.

You are notified that if you do not comply with this request, or if you place a negative mark on my credit as a result of this letter, I am prepared to file suit under the FDCPA, the Fair Credit Reporting Act (FCRA) and any other applicable federal and state statutes.

This letter also serves as formal notice that should you or your agents contact me by telephone, I will use a telephone recording device to document any phone conversations we may have.

Sincerely,

Your Name

(NOTE: Do NOT sign the letter...I repeat, DO NOT SIGN THE LETTER. Let's just say "better safe than sorry" and "let's keep honest people honest". You don't want your signature to be forged, don't you? It does happen.)

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Here is a template for the letter of validation to send to the credit reporting agencies:

Your Name
Address
City, State Zip

Today's Date

Equifax Credit Information Services, Inc
P.O. Box 740241
Atlanta, GA 30374

Experian
P.O. Box 919
Allen, TX 75013

TransUnion Consumer Solutions
P.O. Box 2000
Chester, PA 19022-2000

Dear Sir/Madam:

This letter is a formal complaint that you are reporting the following inaccurate credit information.

Item #1: I dispute _______.

Item #2: I dispute _______.

(OPTIONAL) Enclosed are copies of the following documents supporting my position:

1.

2.

3.

Pursuant to the Fair Credit Reporting Act, I am requesting that you re-investigate the items indicated, and promptly delete any unverifiable, inaccurate, or outdated information from my credit report. Please send me a description of how the investigation was conducted along with the name, address and telephone number of anyone contacted for information.

As you are no doubt aware, pursuant to the FCRA, you must either verify the above listed items within 30 days, or delete them from my credit report. Please send me an updated copy of my report and notification that these items have been deleted.

My full name is:

My Social Security # is:

My date of birth is:

My home phone number is:

My address is:

Thank you for your prompt attention in this matter.

Sincerely,

Your Name

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I'm not an attorney, I'm not even in the legal field and I'm not someone trying to sell this information on eBay to make money off people that are already being victimized by collection agencies. I just like sharing my experience by writing eBay guides and hope that it's helpful to someone!