Federal law guarantees accurate credit reporting and lawful debt collection.
Congress has built those protections through a series of laws over more than 50 years. GetWellLegal prepares the documentation that enforces them, and our partner law firm, McCarthy Law PLC, takes legal action when collectors violate them.
15 U.S.C. §1692g(b) · Reg. F §1006.34
To the collector named above:
I dispute the debt referenced in your notice and request validation. Until you provide it, please cease collection. Provide:
- The name of the original creditor
- An itemized statement of the amount claimed
- Proof of your authority to collect
- Copies of the signed agreement
Reporting errors and collection disputes are the largest consumer finance complaint categories in the country.
The laws that govern every document we prepare
Fair Credit Reporting Act
Requires the credit bureaus to follow reasonable procedures to assure maximum possible accuracy and gives consumers the right to dispute inaccurate or unverifiable information. 15 U.S.C. §1681
Fair Debt Collection Practices Act
Sets the rules for third-party debt collectors, including the consumer's right to demand validation of a debt and a ban on abusive, deceptive and unfair collection practices. 15 U.S.C. §1692
Fair and Accurate Credit Transactions Act
Amended the FCRA to give every consumer free annual credit reports and to require furnishers to report accurately and investigate disputes. Pub. L. 108-159
Bankruptcy Abuse Prevention and Consumer Protection Act
Signed April 20, 2005, it restricted access to Chapter 7 bankruptcy through a means test and mandatory pre-filing credit counseling. With bankruptcy harder to reach, Congress moved consumers toward pre-bankruptcy hardship relief, including a provision that penalizes creditors who unreasonably refuse a reasonable repayment proposal. Pub. L. 109-8; 11 U.S.C. §§707(b), 109(h), 502(k)
Dodd-Frank Wall Street Reform and Consumer Protection Act
Created the Consumer Financial Protection Bureau and gave it authority to enforce and write rules under the FDCPA and FCRA. Pub. L. 111-203
Regulation F
The CFPB's debt collection rule, effective November 30, 2021. It defines the required validation notice, limits calls and electronic contact, and bars reporting a debt before contacting the consumer. 12 C.F.R. Part 1006
Violations are referred to McCarthy Law PLC.
McCarthy Law is a consumer protection firm that sues collectors for violating federal and state law. Our software flags possible FDCPA and FCRA violations and refers them to the firm automatically.
Documentation, legal resources and law firm pursuit
Documentation
We prepare every document needed to dispute, validate and remove unverified debts, from validation demands to credit bureau disputes, sent by certified mail with your ID and proof of residence.
Monthly dispute rounds
Each month a new round targets a different reporting inaccuracy across all three bureaus, tracked against every statutory deadline.
Law firm pursuit
Violations go to McCarthy Law PLC, which reviews each case and can take legal action against the collector on your behalf.
Built on federal law
- Debt validation demands to third-party collectors and debt buyers
- Cease-communication letters
- Credit bureau disputes and method-of-verification requests
- Metro 2® reporting audits of every collection tradeline
- Violation documentation for referral
No settlement, no pooled payments
- We don't negotiate or settle your debts
- We don't take monthly payments to pass on to creditors
- We don't consolidate loans or offer credit counseling
Your right to proof, and the clock that comes with it.
Under the Fair Debt Collection Practices Act, a third-party collector has to show a debt is valid when you dispute it in writing. The timing matters, so we build every file around these deadlines.
First contact
A collector calls, texts, emails or mails you about a debt.
Validation notice
The collector must send a written notice with the amount, the creditor and your rights. §1692g(a)
You dispute in writing
A written dispute in this window triggers your full validation rights. §1692g(b)
Collection pauses
The collector must stop collecting until it mails you verification.
You still have options
You can dispute a debt at any time. After the window, the collector isn't required to pause, but it still can't report information it knows is false, and it must note the dispute if it reports to the credit bureaus. We prepare documents for both situations.
Collectors, not original creditors
The FDCPA covers collection agencies, debt buyers and law firms that regularly collect debts. It generally doesn't cover the original lender collecting its own account. For those, we use FCRA disputes and state law instead.
What we send on every disputed account
Each account receives a complete dispute package, sent and documented the same way every time.
- Demand for validationWritten dispute under 15 U.S.C. §1692g(b) and 12 C.F.R. §1006.38, requesting the name of the original creditor, an itemization of the amount claimed under §1006.34(c)(2), and documentation of the collector's chain of title.
- Identity enclosuresA copy of the consumer's government-issued photo ID and proof of residence, establishing identity and standing as the consumer disputing the account.
- Notice of dispute for credit reportingNotice that any reporting of the account must show it as disputed. Reporting a disputed debt without that notation is a false representation under §1692e(8).
- Certified mail, return receipt requestedThe signed return receipt fixes the date of delivery, which starts every deadline that follows.
- Response logged against statutory deadlinesEach reply, or the lack of one, is recorded. Continued collection before verification is documented as a potential violation for referral.
- Parallel FCRA disputesDisputes to Equifax, Experian and TransUnion under §1681i, followed by method-of-verification requests under §1681i(a)(7) for any item verified without change.
- Monthly dispute roundsA new round of disputes goes out every month. Each round targets a different data point, from the consumer's address and employer to the date opened, reported balances, and interest and fees. Each account is also reviewed for its Metro 2® Compliance Condition Code, such as XB (disputed by consumer under the FCRA) or XC (investigation complete, consumer disagrees).
- Monitoring through the limitations periodEach account is tracked through the statute of limitations in the consumer's state and the FCRA reporting period.
The periods every file is tracked against
| Event | Period | Authority |
|---|---|---|
| Collector sends validation notice | Within 5 days of first communication | 15 U.S.C. §1692g(a) |
| Consumer's written dispute window | 30 days from receipt | §1692g(a)(3); 12 C.F.R. §1006.34(b)(5) |
| Collection suspended after timely dispute | Until verification is mailed | §1692g(b); 12 C.F.R. §1006.38(d)(2) |
| Credit bureau reinvestigation | 30 days (45 with added information) | 15 U.S.C. §1681i(a)(1) |
| Unverifiable item removed | On completion of reinvestigation | §1681i(a)(5)(A) |
| Call-frequency presumption of harassment | More than 7 calls in 7 days | 12 C.F.R. §1006.14(b)(2) |
| Collection account reporting limit | 7 years from delinquency + 180 days | 15 U.S.C. §1681c(a)(4), (c) |
| Consumer's FDCPA claim | 1 year from the violation | 15 U.S.C. §1692k(d) |
| Suit on consumer debt (Texas) | 4 years | Tex. Civ. Prac. & Rem. Code §16.004 |
The legal basis for the program
Scope of the FDCPA
The Act governs any "debt collector," defined at 15 U.S.C. §1692a(6) as a person whose principal business is debt collection or who regularly collects debts owed to another. Attorneys who regularly collect consumer debts are included: Heintz v. Jenkins, 514 U.S. 291 (1995).
A debt buyer collecting accounts it owns may fall outside the "owed to another" prong, Henson v. Santander Consumer USA Inc., 582 U.S. 79 (2017), but remains covered where collection is its principal business. Original creditors collecting their own accounts are generally excluded under §1692a(6)(A).
Validation and verification
Section 1692g(a) requires written notice of the amount of the debt, the current creditor, and the consumer's dispute rights. Regulation F prescribes the required content and a model form at 12 C.F.R. §1006.34.
A written dispute within the validation period obligates the collector to cease collection until it obtains verification and mails it to the consumer, §1692g(b). Collection activity during that period may not overshadow or be inconsistent with the disclosure of the consumer's rights.
Credit reporting of disputed debts
A collector that reports a debt it knows is disputed must communicate the dispute, §1692e(8). Regulation F bars furnishing information to a consumer reporting agency before communicating with the consumer, 12 C.F.R. §1006.30(a).
Under the FCRA, furnishers must note disputes they receive, 15 U.S.C. §1681s-2(a)(3), and must investigate disputes forwarded by a consumer reporting agency, §1681s-2(b). Information that is inaccurate, incomplete, or cannot be verified must be deleted or modified, §1681i(a)(5)(A).
Time-barred debt
Limitations periods for suit on a debt are set by state law. Regulation F prohibits a collector from suing or threatening to sue on a time-barred debt, 12 C.F.R. §1006.26(b). In Texas, suit on a consumer debt must be brought within four years, Tex. Civ. Prac. & Rem. Code §16.004.
The limitations period for suit is distinct from the FCRA reporting period, which runs seven years from the date of delinquency plus 180 days regardless of state law, 15 U.S.C. §1681c(c).
Remedies for violations
A collector that violates the FDCPA is liable for actual damages, statutory damages of up to $1,000, and costs and reasonable attorney's fees, §1692k(a). The claim must be filed within one year of the violation, §1692k(d); Rotkiske v. Klemm, 589 U.S. 8 (2019).
Willful FCRA violations carry statutory damages of $100 to $1,000, punitive damages, and fees, §1681n; negligent violations carry actual damages and fees, §1681o. The Texas Debt Collection Act provides injunctive relief, actual damages, and fees, Tex. Fin. Code §392.403.
Every document cites its authority.
FDCPA
15 U.S.C. §1692Sets the rules for third-party debt collectors, including validation, contact limits and a ban on deceptive or abusive tactics.
Regulation F
12 C.F.R. Part 1006The CFPB's rule under the FDCPA. It spells out what a validation notice must contain and limits calls, texts and emails.
FCRA
15 U.S.C. §1681Gives you the right to dispute inaccurate or unverifiable information on your credit reports with Equifax, Experian and TransUnion.
State collection laws
e.g. Tex. Fin. Code ch. 392Many states add protections that reach original creditors too. We include the state law that applies to you.
Documents we prepare
Every document is prepared for the specific account and collector, cites its legal authority, and is tracked through each statutory deadline.
Debt Validation Request
§1692g(b)Disputes the debt and requires the collector to verify the amount, the original creditor and its right to collect.
Cease Communication Letter
§1692c(c)Tells a collector to stop contacting you, apart from limited notices the law allows.
Credit Bureau Dispute
§1681iChallenges inaccurate or unverifiable collection entries with the credit reporting agencies.
Method of Verification Request
§1681i(a)(7)Asks a bureau how it verified an item that came back unchanged after your dispute.
Follow-Up Notice
Reg. FDocuments a collector's failure to respond and puts the gap on the record.
Hardship & Uncollectability Disclosure
Income protectionsExplains exempt income, such as Social Security, to a creditor weighing a lawsuit.
When a collector breaks the rules, you may be owed money.
Federal law lets consumers sue collectors that violate it. Every file we prepare is checked for violations, and qualifying cases go automatically to our partner firm, McCarthy Law PLC.
McCarthy Law PLC
McCarthy Law focuses on FDCPA and FCRA cases. Referrals are built into our software, so a flagged violation reaches the firm without extra paperwork from you. The firm reviews each case and decides whether to take it.
Damages under federal law
- FDCPA: up to $1,000 in statutory damages, plus actual damages and attorney fees paid by the collector §1692k
- FCRA: $100 to $1,000 per willful violation, plus actual damages and attorney fees §1681n
- State law: some states add separate damages on top of federal claims
What to watch for
- Collecting after you disputed, before sending verification
- Calling before 8 a.m. or after 9 p.m., or at work after you said not to
- Threatening arrest, a lawsuit it won't file, or wage garnishment it can't do
- Telling family, friends or your employer about the debt
- Reporting a disputed debt without marking it disputed
- Adding fees or interest not allowed by your agreement or state law
Think a collector crossed the line?
Tell us what happened. Keep call logs, voicemails, texts and letters, since they're the evidence a case is built on.
Validating the debt as it is reported.
A collector that can't validate a debt can't report it accurately. Every collection tradeline is transmitted to the bureaus in the Metro 2® format, field by field, and every field must be complete, accurate and consistent across Equifax, Experian and TransUnion. We audit each field against the collector's validation response and dispute every discrepancy.
The Metro 2® standard
Metro 2® is the standard data format, maintained by the Consumer Data Industry Association, that furnishers use to report account information to the consumer reporting agencies. Each monthly transmission contains a Base Segment of account data and optional segments that identify the original creditor and any sale of the account.
Furnishers must maintain written policies to ensure the accuracy and integrity of what they report, 12 C.F.R. §1022.42, and may not furnish information they know or have reasonable cause to believe is inaccurate, 15 U.S.C. §1681s-2(a)(1). The bureaus must follow reasonable procedures to assure maximum possible accuracy, §1681e(b).
How a dispute moves through the system
A dispute sent to a bureau is transmitted to the furnisher through e-OSCAR as an Automated Consumer Dispute Verification (ACDV). The furnisher must investigate, review all relevant information the bureau provides, and report the results, §1681s-2(b)(1). Corrections flow back to every bureau through the same system.
A dispute sent directly to the furnisher triggers a separate investigation duty under 12 C.F.R. §1022.43. Both channels run in parallel on every account.
Cross-bureau consistency
A furnisher transmits one set of data for an account. When the three bureaus show different balances, dates, statuses or dispute codes for the same tradeline, at least one version is inaccurate. Discrepancies also appear in the consumer's own identifying information, including name variations, addresses and employers.
Each discrepancy is an independent ground for dispute. With dozens of reportable data points per consumer and per tradeline, each monthly round targets a different one.
Link to debt validation
The validation demand requires the collector to identify the original creditor, itemize the amount claimed and show its right to collect. Those same facts populate the tradeline: the K1 Segment, the Current Balance and the Date of First Delinquency. Where the validation response and the reported data disagree, or no validation is provided, the tradeline cannot be verified as accurate.
A collector may not report a debt before communicating with the consumer, 12 C.F.R. §1006.30(a), and must report a known dispute, 15 U.S.C. §1692e(8).
Metro 2® fields reviewed on every collection tradeline
| Field | What it reports | Authority |
|---|---|---|
| Consumer Identification | Name, name variations, Social Security number, date of birth and generation code | §1681e(b) |
| Address | Current and prior addresses, address indicator and residence code | §1681e(b); §1681i(a) |
| N1 Segment (Employment) | Employer name and address | §1681e(b); §1681i(a) |
| J1 / J2 Segments | Associated consumers, such as joint or authorized users | §1681s-2(a)(1) |
| Account Type | Collection agency or attorney (48) or debt buyer (0C) | §1681s-2(a)(1) |
| Account Status | 93: assigned to collections · 62: paid in full, was a collection | §1681s-2(a)(2) |
| Date of First Delinquency | Month and year of the original delinquency; controls the 7-year reporting limit | §1681s-2(a)(5); §1681c(c) |
| Current Balance | Amount claimed; must match the validated itemization | 12 C.F.R. §1006.34(c)(2) |
| Amount Past Due | Past-due amount; must agree with the Current Balance on a collection account | §1681s-2(a)(2) |
| Interest, Fees and Charges | Interest, fees, payments and credits since the itemization date | 12 C.F.R. §1006.34(c)(2); §1692f(1) |
| Original Charge-off Amount | Amount charged off by the original creditor | §1681s-2(a)(1) |
| Original Loan Amount | Amount assigned or purchased | §1681s-2(a)(1) |
| Date Opened | Date of assignment or purchase, not the original account open date | §1681s-2(a)(1) |
| Payment History Profile | 24-month history; must agree with the account status | §1681s-2(a)(2) |
| K1 Segment | Original creditor name, required on collection and debt buyer accounts | §1692g(a)(2) |
| K2 Segment | Purchased-from or sold-to information establishing chain of title | §1692g(b) |
| Compliance Condition Code | Dispute status of the account (see below) | §1681s-2(a)(3); §1692e(8) |
How a dispute is reported on the tradeline
A furnisher that receives notice of a dispute must report the account as disputed. The code shows on the consumer's report while the dispute is open and after an investigation the consumer disagrees with.
| Code | Meaning | When it applies |
|---|---|---|
| XB | Account information disputed by consumer under the FCRA | Dispute received, investigation open |
| XC | Investigation completed, consumer disagrees | Furnisher verified; consumer maintains dispute |
| XH | Previously in dispute, now resolved by furnisher | Dispute closed |
| XR | Removes the most recently reported code | Code withdrawn |
Contact GetWellLegal
Call during business hours or send a message and a member of our team will respond within one business day.
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How can we help?
Frequently asked questions
What is debt validation?
It's your right under the FDCPA to dispute a debt and require the collector to prove it. The collector has to identify the original creditor, show the amount and support its claim before continuing to collect.
Does validation make my debt go away?
Not by itself. If a collector can't verify a debt, it has to stop collecting it, and an unverified collection entry can be challenged on your credit report. The underlying debt may still exist, and results depend on each account.
How is this different from debt settlement?
Settlement companies negotiate to pay part of what you owe, usually over years. We prepare documents that make collectors prove their claims. We don't negotiate, hold your money or pay creditors.
How does the legal side work?
GetWellLegal handles the documentation and coordination. We prepare every document needed to dispute, validate and remove unverified debts, track the responses, and connect you with legal resources.
When a collector breaks the law, your case goes to McCarthy Law PLC, a licensed consumer protection law firm that can take legal action on your behalf. Legal advice and representation come from the firm's attorneys.
What if I've already been sued?
Don't ignore it. A lawsuit has its own deadlines, often 20 to 30 days to respond. Contact an attorney right away. We can connect you with our partner firm.
Do I pay anything for a violation claim?
Violation claims are handled by McCarthy Law under its own agreement with you. FDCPA and FCRA cases are typically brought with the collector paying attorney fees when the consumer wins.
How long does it take?
We prepare documents within a few business days of receiving your intake. Collectors respond on their own timelines. We track each account and follow up when one goes quiet.
What should I have ready?
Any collection letters, a recent credit report, and notes on calls you've received (date, time, and what was said). Screenshots of texts and saved voicemails help too.
Will this hurt my credit?
Disputing a debt doesn't lower your score. A collector that reports a disputed account has to show it as disputed.
Client intake form
Complete this form so we can begin preparing your documents. We'll follow up by email with next steps.
- Takes about five minutes
- Violation review included on every account
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