Your Rights Under the Fair Debt Collection Practices Act (FDCPA)
Federal protections against abusive debt collection practices
The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers from abusive, unfair, or deceptive practices by debt collectors. It applies to third-party debt collectors (not original creditors) and covers personal, family, and household debts.
Debts Covered by the FDCPA
✓ Covered
- Credit card debt
- Medical bills
- Auto loans
- Mortgages
- Student loans (private)
- Personal loans
✗ Not Covered
- Business debts
- Original creditors (in most cases)
- In-house collection departments
Your FDCPA Rights
Right to Control Communication
You can control when, where, and how debt collectors contact you.
Prohibited Contact Times:
- Before 8:00 AM in your time zone
- After 9:00 PM in your time zone
Your Rights:
- Request communication only by mail
- Request no contact at work
- Tell collectors to stop contacting you entirely
- Designate all communication through your attorney
Right to Debt Validation
Within five days of initial contact, collectors must send you a written validation notice.
Validation Notice Must Include:
- Amount of the debt
- Name of the creditor
- Statement that you have 30 days to dispute
- Statement that collector will obtain verification if you dispute
- Statement that collector will provide name of original creditor if requested
Your Rights:
- Request debt validation within 30 days
- Collection efforts must pause during validation
- Receive copies of documentation proving the debt
Protection from Harassment
Debt collectors cannot harass, oppress, or abuse you in any way.
Prohibited Actions:
- Threats of violence or harm
- Use of obscene or profane language
- Repeated or continuous phone calls intended to annoy
- Publishing your name on a "bad debt" list
- Calling you at work after being told not to
- Calling neighbors, friends, or family (except to locate you)
Protection from False Statements
Collectors cannot lie or mislead you about the debt or their identity.
Prohibited Misrepresentations:
- Falsely claiming to be law enforcement or government officials
- Falsely stating you committed a crime
- Misrepresenting the amount you owe
- Threatening legal action they don't intend to take or can't legally take
- Falsely claiming documents are legal forms
- Using a false company name
- Claiming you'll be arrested for non-payment
- Threatening to seize property without legal right
Protection from Unfair Practices
Collectors cannot engage in unfair or unconscionable means to collect debts.
Prohibited Practices:
- Collecting amounts not authorized by agreement or law
- Depositing post-dated checks early
- Threatening to take non-judicial action (like repossession) without intent
- Contacting you via postcard
- Using deceptive means to make you accept collect calls
- Taking or threatening to take property without legal right
Right to Privacy
Collectors must respect your privacy and cannot discuss your debt with others.
Privacy Protections:
- Cannot tell others (family, friends, employers) about your debt
- Cannot contact third parties more than once (except to verify location)
- Cannot leave detailed messages on answering machines or with others
- Cannot send communications that identify them as a debt collector on the envelope
Right to Written Communication
You have the right to request that all communication be in writing.
Benefits of Written Communication:
- Creates documentation trail
- Reduces harassment via phone
- Gives you time to review and respond
- Easier to verify debt details
How to Request:
Send a written request via certified mail stating you want all future communication in writing only.
Right to Stop Contact
You can demand that a debt collector stop contacting you entirely.
Cease and Desist Letter:
- Send written request via certified mail
- Collector must stop all communication (except to confirm or notify of legal action)
- Does not make the debt go away
- Collector may still sue you
What Happens After:
- Collector can only contact you to confirm they're stopping
- Collector can notify you of specific action (like lawsuit)
- Debt may be sent to another collector or attorney
Enforcing Your FDCPA Rights
Most Common FDCPA Violations
Calling Outside Allowed Hours
Contacting before 8 AM or after 9 PM
Continuing Contact After Cease Request
Calling after written cease and desist
Threatening Illegal Action
Threats of arrest or property seizure
Discussing Debt with Third Parties
Telling family, friends, or employers
Failing to Validate Debt
Not providing validation notice or verification
Using Abusive Language
Profanity, insults, or threats
Sample Letters
Debt Validation Request
Request proof of debt within 30 days
Cease and Desist Letter
Stop all collector contact
Communication Preference Letter
Request written communication only
Don't Let Debt Collectors Violate Your Rights
The FDCPA gives you powerful protections. Know your rights and hold collectors accountable for illegal practices.