How to Stop Debt Collector Harassment: Cease-and-Desist Letters and FDCPA Complaints

What Counts as Harassment Under the FDCPA

The FDCPA prohibits a range of harassing behaviors. Many consumers do not realize that the law applies even to conduct they think is just "aggressive." Under FDCPA § 806, harassment includes:

• Repeated calls with intent to annoy, abuse, or harass — even if each call is within the 8 a.m.–9 p.m. window
• Calling without disclosing who they are
• Using obscene, profane, or abusive language
• Publishing your name on a "deadbeats" list (except to credit bureaus)
• Making threats of violence or harm

The Cease-and-Desist Letter: How It Works

Under FDCPA § 805(c), if you send a written cease-and-desist request, the collector must stop all communication — permanently. After receiving it, the only contact they are legally permitted to make is:

1. A single notification that collection activity is stopping
2. A notification that the collector intends to take specific legal action (e.g., file a lawsuit)

Cease-and-Desist Letter Template

Send by certified mail with return receipt. Keep a copy and the mail receipt permanently.

When NOT to Send a Cease-and-Desist

A cease-and-desist stops communication — it does not make the debt go away. In some cases, sending one causes collectors to respond by filing a lawsuit immediately, because they have no other recourse. Before sending, consider:

• Is the debt within the statute of limitations? If so, they can still sue you.
• Is the debt large enough to be worth suing over? Collectors rarely sue for under $500.
• Do you have a defense (SOL expired, debt not yours, incorrect amount)?

Filing Complaints

File complaints about harassment with:

• CFPB at consumerfinance.gov/complaint — the company must respond formally within 15 days
• FTC at reportfraud.ftc.gov
• Your state attorney general (many states have stronger consumer protection laws)

Suing for Violations

You can sue a collector in federal court for FDCPA violations within one year of the violation. Statutory damages are up to $1,000 per lawsuit, plus actual damages and attorney fees. Many consumer attorneys take FDCPA cases on contingency — meaning no upfront cost to you. The National Association of Consumer Advocates (NACA) at consumeradvocates.org can help you find one.