FDCPA
The Fair Debt Collection Practices Act (FDCPA) is the federal law governing third-party debt collectors. It prohibits abusive collection tactics including harassment, deception, and unfair practices. The FDCPA applies to collectors collecting on debts owned by another entity (debt buyers, collection agencies) but not to original creditors collecting their own debts.
The FDCPA was passed in 1977 to address widespread abuses in the debt collection industry. It’s enforced by the FTC and the CFPB, and consumers can sue collectors directly for violations.
What collectors CAN’T do under FDCPA
The prohibited practices include:
- Calling before 8 am or after 9 pm in your time zone
- Calling your workplace if you’ve informed them workplace calls aren’t allowed
- Discussing your debt with anyone other than you or your spouse (with limited exceptions for skip-tracing)
- Threatening violence, criminal prosecution, or legal action they don’t actually intend to take
- Using profanity or harassment
- Misrepresenting the amount, status, or legal nature of the debt
- Falsely claiming to be attorneys or government officials
- Continuing to contact you after written cease-and-desist (except to inform you of specific actions)
What collectors CAN do
The FDCPA doesn’t prohibit collection generally. Collectors can:
- Contact you reasonably during normal hours
- Send letters and emails
- Report the debt to credit bureaus
- Sue you (subject to statute of limitations)
- Offer settlements
How to use FDCPA protections
If you’re being contacted by a collector:
- Request debt validation in writing within 30 days of first contact. They must respond with proof you owe the debt before continuing collection.
- Document everything. Save voicemails, screenshot calls, keep letters.
- Send a cease-and-desist letter if you want them to stop calling. Send certified mail.
- Sue for violations. FDCPA allows up to $1,000 in statutory damages plus actual damages and attorney fees. Many consumer attorneys take these cases on contingency.
A note on what the FDCPA doesn’t cover: the original lender (your bank, your card issuer, the company you originally borrowed from) isn’t covered by FDCPA when collecting their own debt. Most state laws have similar protections that do cover original creditors.