What Is the FDCPA?
The Fair Debt Collection Practices Act (FDCPA) is a federal law, enforced by the FTC and CFPB, that regulates how third-party debt collectors (collection agencies, debt buyers, collection attorneys) must treat consumers. It does not apply to original creditors collecting their own debts — only to third-party collectors.
What Collectors CAN Legally Do
- Contact you by phone, mail, email, or text message
- Call between 8:00 a.m. and 9:00 p.m. in your local time zone
- Contact your employer to confirm your employment and contact information (but not to discuss the debt)
- Report the debt to credit bureaus
- File a lawsuit to collect the debt (if within the statute of limitations)
- Ask you to pay
What Collectors CANNOT Legally Do
| Prohibited Action | FDCPA Section |
|---|---|
| Threaten violence or use obscene language | § 806 |
| Call before 8 a.m. or after 9 p.m. | § 805(a)(1) |
| Call repeatedly to harass or annoy | § 806(5) |
| Contact you at work after you say your employer prohibits it | § 805(a)(3) |
| Misrepresent the amount owed | § 807(2) |
| Claim to be an attorney if they are not | § 807(3) |
| Threaten arrest or criminal prosecution for a civil debt | § 807(4) |
| Threaten to sue on a time-barred debt | § 807(5) |
| Continue contact after receiving a written cease request | § 805(c) |
| Deposit a post-dated check early | § 808(4) |
| Add unauthorized interest, fees, or charges | § 808(1) |
| Contact third parties (friends, family) about your debt | § 805(b) |
Your Right to Request Debt Validation
Within 30 days of a collector's first contact, you can send a written debt validation request. The collector must stop all collection activity until they provide:
- The amount of the debt
- The name of the original creditor
- Verification that they have the right to collect
Always send validation requests via certified mail with return receipt. This creates documentation and establishes the 30-day timeline.
Your Right to Demand They Stop Contacting You (Cease and Desist)
You can send a written cease-and-desist letter demanding the collector stop all communication. After receiving it, they can only contact you to: (1) confirm they are stopping contact, or (2) notify you of a specific action such as filing a lawsuit. This does not make the debt go away, but it stops the calls. Know that some collectors will respond by suing immediately — so use this strategically.
What to Do If a Collector Violates the FDCPA
- Document everything: date, time, what was said, the collector's name and company
- Record calls if your state is a one-party consent state (check your state's laws)
- File a complaint with the CFPB at consumerfinance.gov/complaint and with the FTC at reportfraud.ftc.gov
- Consult a consumer rights attorney — FDCPA violations allow you to sue for up to $1,000 in statutory damages per violation, plus actual damages and attorney fees. Many attorneys take these cases on contingency.
Also know your rights against zombie debt — collectors trying to collect time-barred debts. Read our zombie debt guide for the full picture.
Explore more answers
Educational content only. This page is for informational purposes and does not constitute legal, tax, or personal financial advice. Results vary. Laws and bureau processes change. Consult the CFPB, FTC, and AnnualCreditReport.com for authoritative guidance. Full disclaimer