FDCPA Debt Collector Rules

The Fair Debt Collection Practices Act (FDCPA) sets strict rules for how third-party debt collectors can communicate with you, what they can and can't say, and what they must tell you. Violations are common, and they're worth $1,000 each.

Who the FDCPA Covers

The FDCPA applies to third-party debt collectors — companies hired to collect debts on behalf of creditors, or that purchase debts to collect. It generally does NOT apply to the original creditor collecting their own debt (though many states have their own laws extending similar protections to original creditors).

Hours Restrictions

Collectors may not contact you before 8:00 AM or after 9:00 PM your local time. Calling at 7:45 AM is an FDCPA violation — even once. This is one of the most commonly violated rules.

Prohibited Contact After Notice

Collectors may not contact you at work if you've told them your employer prohibits such calls. They may not contact you at all once you've sent a written cease-and-desist request. They may not contact third parties (friends, family, neighbors) except to locate you, and even then only once per person.

Harassment Is Prohibited

Collectors may not:

• Use obscene, profane, or abusive language
• Threaten violence
• Cause your phone to ring repeatedly with intent to annoy
• Make anonymous or false calls
• Publish your name as someone who refuses to pay

False Representations Are Prohibited

Collectors may not falsely represent:

• The amount you owe
• That they are attorneys or government representatives
• That you will be arrested for not paying
• That legal action is imminent when it isn't
• That non-payment will result in wage garnishment without a court judgment

Required Disclosures

Within 5 days of first contact, collectors must send a written notice with: the amount owed, the creditor's name, and your 30-day right to dispute. They must also disclose in every communication that it's "an attempt to collect a debt."

Suing for FDCPA Violations

Each FDCPA violation allows you to recover:

• Up to $1,000 in statutory damages per lawsuit (not per violation for individuals)
• Actual damages (emotional distress, lost wages, etc.)
• Attorney's fees and costs

You have one year from the violation to file suit. Consumer attorneys frequently take FDCPA cases on contingency because attorney fees are fully recoverable from the collector.

Use our Collection Call Log to document violations, or our Debt Validation Letter Generator to exercise your validation rights.