FDCPA Record Keeping Rules – American Legal Shield

If you’re dealing with debt collectors, one of the most important things you can do to protect yourself is keep accurate records. Under the Fair Debt Collection Practices Act (FDCPA), both consumers and debt collectors have specific responsibilities—and good record keeping can be the key to enforcing your rights.

At American Legal Shield, we educate and support consumers who are facing debt collection issues. In this blog, we’ll walk you through the key record keeping rules, what to save, and how good documentation can help you stop harassment or win your case if things escalate legally.

Why Record Keeping Matters

The FDCPA provides powerful protections for consumers, but those protections only work if you can prove a violation happened. Documentation can serve as evidence if you need to:

File a complaint with the Consumer Financial Protection Bureau (CFPB) or Federal Trade Commission (FTC)
Take legal action against a debt collector
Dispute a debt or request verification
Show that a collector violated your rights

Even if you’re just beginning to hear from debt collectors, it’s never too early to start organizing your records.

What Records Should You Keep?

Keeping the right information is critical. Here’s a breakdown of what to keep and why it matters:

1. Communication Logs

Create a log or spreadsheet to record every interaction with a debt collector. Include:

Date and time of the contact
Name of the person you spoke to
Name of the agency or company
Method of communication (phone, email, letter)
Summary of the conversation or message

This log helps identify patterns of harassment and backs up your claims.

2. Letters and Emails

Save every letter and email you receive from a debt collector. Do not throw them away, even if you’ve already paid the debt or disputed it. Also, keep copies of any letters or emails you send, especially:

Dispute letters
Debt verification requests
Cease and desist letters
Settlement offers

Always send letters by certified mail with return receipt for proof of delivery.

3. Voicemails and Call Recordings

If allowed by your state law, record phone calls with debt collectors. If recording isn’t legal in your state without consent, always take detailed notes immediately after each call. Save voicemails that use threatening or harassing language, and label them clearly by date and time.

4. Payment Records

If you’ve made payments on a debt, keep copies of:

Bank statements
Payment confirmations
Settlement agreements
Receipts from collection agencies

This protects you from being falsely accused of missing payments or not fulfilling agreements.

5. Debt Validation Documents

If you’ve requested validation or dispute a debt, save the original request and the collector’s response. They are required to stop collection until they validate the debt. Failure to do so is a violation of the FDCPA.

How Long Should You Keep These Records?

You should keep all records for at least five years from the date of the last communication or payment related to the debt. This ensures you have what you need if the issue resurfaces or legal action is taken.

If the debt is resolved or paid off, continue to store your documents for proof of resolution, in case the debt is mistakenly sold or re-reported.

How to Organize Your Records

Being organized helps you respond quickly if issues arise. Here are a few tips:

Use folders (digital or physical) labeled by debt collector or account
Store emails in a dedicated folder in your inbox
Keep a physical or digital journal/log of all phone calls
Scan and back up all physical documents
Keep everything in a secure, easily accessible place

When Record Keeping Becomes Legal Evidence

If a debt collector sues you or continues illegal collection practices, your records become essential. They can prove:

The collector violated your rights under the FDCPA
You made payments as agreed
You requested debt verification
The collector contacted you after a cease and desist letter

This kind of evidence can make or break a case.

Get Help from American Legal Shield

If you’re overwhelmed by debt collectors or believe your rights under the FDCPA have been violated, you don’t have to deal with it alone. American Legal Shield can help you:

Review and organize your records
Respond to collection agencies
File complaints and take legal action
Stop harassment with official cease and desist letters
Protect your rights and credit

Contact Us Today
Phone: (888) 508-6205
Email: [email protected]

Final Thoughts

The FDCPA gives you powerful protections—but only if you can prove when your rights were violated. That’s why record keeping is so critical. The more detailed and organized your records are, the better your chances of defending yourself against unfair debt collection practices.

Start keeping records today. If you need support or guidance, American Legal Shield is here to stand by your side.