How do I respond to a debt collector's letter or calls in Utah?

What Utah law says

Under federal law, a debt collector must include specific information in its initial written notice, including the amount of the debt and the creditor's name, and must state that the consumer has 30 days to dispute the debt in writing, after which the collector may assume the debt is valid unless disputed, under 15 U.S.C. § 1692g. If the consumer timely disputes the debt in writing or requests the original creditor's name and address, the collector must cease collection of the disputed portion until it obtains and mails verification or the requested information, under 15 U.S.C. § 1692g. Federal law also prohibits using unfair, deceptive, or abusive methods to collect a debt, and limits certain communications about a consumer to third parties, under 15 U.S.C. § 1692f and 15 U.S.C. § 1692b. A consumer who pays on multiple debts may direct how a single payment is applied, and collectors may not apply payments to disputed debts, under 15 U.S.C. § 1692h. Utah case law has addressed how the FDCPA is applied and clarified standards for misrepresentation claims, see Gonzalez v. Cullimore for recent Utah Supreme Court analysis of FDCPA claim standards.

What to do

1. A common first step is to review the collector's letter for the disclosures required by 15 U.S.C. § 1692g.
2. A common option is to send a written debt-validation letter within the 30-day period asking the collector to verify the debt and provide the original creditor's name and address, which triggers the collector's verification duties under 15 U.S.C. § 1692g.
3. A common next step is to send a written cease-communication letter if you want the collector to stop contacting you, noting that certain federal rules limit collection communications under 15 U.S.C. § 1692f and 15 U.S.C. § 1692b.
4. A common option is to keep a written log and copies of all letters, messages, and calls, including dates, times, and who you spoke with.
5. A common action some people take is to keep evidence of any payments and state in writing how a single payment should be applied if multiple debts exist, per 15 U.S.C. § 1692h.

Grounded in current Utah law

• statuteUtah Code § 13-42-128
• statute15 U.S.C. § 1692g
• statute15 U.S.C. § 1692h
• statute15 U.S.C. § 1692f
• statute15 U.S.C. § 1692b
• statute15 U.S.C. § 1681m
• caseMidland Funding LLC v. Sotolongo
• caseZB, N.A. v. Crapo
• caseGonzalez v. Cullimore
• caseDaniels v. Deutsche Bank National Trust

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