Fair Debt Collection Practices Act: How It Protects You
Many, or all, of the products featured on this page are from our advertising partners who compensate us when you take certain actions on our website or click to take an action on their website. However, this does not influence our evaluations. Our opinions are our own. Here is a list of our partners and here's how we make money.
If you feel helpless because debt collectors are calling for payment, you have more power than you realize. You just need to be aware of your rights and how to use them.
The Fair Debt Collection Practices Act gives you certain protections. Here’s what to know and what to do if your rights are violated.
What is the Fair Debt Collection Practices Act?
The Fair Debt Collection Practices Act is a federal law that governs practices by third-party debt collectors — those who buy a delinquent debt from an original creditor, like a credit card company. The law gives consumers crucial protections against predatory practices, such as calling you late at night, using harassing language and pursuing you for a debt you don’t owe.
Exercising the rights the FDCPA gives you can help you gain control of your dealings with debt collectors. Your state may offer additional consumer protections, so you may want to contact your state attorney general’s office for information.
How does the Fair Debt Collection Practices Act protect you?
You control communication with debt collectors
You can limit when and how third-party debt collectors contact you. Collectors can call, email, text, send private messages on social media and mail you letters. They’re not allowed to contact you at any inconvenient time or place and can't tell third parties about your debt.
The FDCPA provides that debt collectors:
Can’t contact you before 8 a.m. or after 9 p.m. (this applies to calls and electronic channels like social media).
Can't call you more than seven times per week per debt account.
Must explain in email, text or social media messages how you can restrict or stop communication.
Must disclose they're a collector when sending a message or friend request on social media.
Can’t contact you at work once you ask them not to.
Must communicate through your attorney if you're represented by one.
Can’t communicate about your debt with third parties, such as your employer, neighbors and family.
Must cease contact entirely if you request it.
Strategy: It’s not enough to state over the phone how you want the debt collector to communicate with you. The Fair Debt Collection Practices Act states you must make the request in writing for it to be enforceable. The Consumer Financial Protection Bureau has sample letters that can help you structure your request.
A debt isn’t gone just because you ask the collector to cease contact. The collector can still seek payment through a lawsuit, which can lead to wage garnishment.
» MORE: How to deal with debt collectors
Collectors must validate your debt
Under the FDCPA, debt collectors must prove that you owe the debt they’re attempting to collect. This starts with the validation letter, and if you request a verification letter to get more information, they must provide that as well.
Collectors must send the validation letter within five days of first contact. It should contain:
How much you owe.
The name of the creditor seeking payment.
A statement that the collector assumes the debt is valid unless you dispute it within 30 days.
A statement that if you dispute the debt or request more information on it in writing within 30 days, the debt collector will verify the debt by mail.
A statement that if you request information about the original creditor within 30 days of first contact, the collector must provide such information.
Strategy: Don’t act on any debt in collections before you've gathered as much information as possible and made sure it's really your debt.
You're protected from harassment and abuse
The Fair Debt Collection Practices Act prohibits debt collectors from using any harassing or abusive practices in an attempt to collect the debt.
Along with other restrictions, debt collectors cannot:
Use profane language.
Threaten or use violence.
Call you repeatedly to annoy or harass. This is defined as more than seven times in a seven-day period about a specific debt, or within a week of having a conversation with you about a debt.
Call you to collect payment without identifying themselves as debt collectors.
List your debt for sale to the public.
Strategy: Overly aggressive or abusive practices might be a sign that you’re dealing with a debt collection scam. Taking the time to figure out if you’re in contact with a scammer can save you from the expensive mistake of paying a debt you don’t owe.
Keep a log of any abusive collection practices. Read below about how to file a complaint about an FDCPA violation.
Debt collectors must be truthful
The Fair Debt Collection Practices Act states that debt collectors cannot use any false, deceptive or misleading representation to collect the debt.
Along with other restrictions, debt collectors cannot misrepresent:
The amount of the debt.
Whether it’s past the statute of limitations.
Legal repercussions for not paying the debt, including making false threats of arrest.
Themselves as another company, professional or authority figure
Strategy: Be aware that collectors must provide detailed disclosures about the debt when making first contact — including your rights and how you can respond to the collector. This information must be given before the collector reports the debt to a credit reporting agency.
However, debt collectors can still ask consumers for payment on debt that's past the statute of limitations, a sketchy practice that can result in a consumer inadvertently reviving a so-called "zombie debt" and making themselves vulnerable to a lawsuit.
If you're having trouble getting clarity from the collector, consider reaching out to local legal aid for help.
» MORE: Can you be arrested for debt?
Unfair practices are prohibited
In addition to requirements for truthful communication, FDCPA curbs debt collectors’ behavior. Along with other restrictions, they cannot:
Solicit postdated checks for payment to use as a threat or for the purposes of instituting criminal prosecution.
Deposit or threaten to deposit a postdated check before your intended payment date.
Take or threaten to take property if it’s not allowed.
Collect more than you owe on a debt, which may include fees and interest.
Strategy: Never postdate a check to a debt collector. Despite promises, the collector might deposit the check before the date specified. If a collector threatens to take property, don’t hesitate to file a complaint. And be sure to know exactly how much you owe by validating the debt before you make a payment.
Debt collectors may attempt to collect the debt in person. Be aware, however, that any practices that are intimidating or threatening are a violation of the FDCPA.
What to do if your FDCPA rights are violated
Violations of the Fair Debt Collections Practices Act are one of the largest sources of complaints to the Consumer Financial Protection Bureau, with about 109,900 in 2023 .
You have two main options if you think your rights were violated:
File a complaint with the CFPB. The bureau follows up on each submission and works to resolve the matter.
Sue the collection agency. In addition to filing a complaint, you can also file a lawsuit against the debt collection agency. Many law firms offer free consultations, and if you win, the debt collection firm will generally have to pay any legal fees associated with the suit. But even if the court rules in your favor, you may still have to pay the debt.
Strategy: Keep records of all correspondence between you and the debt collector to help substantiate your claim of violations.
