The Fair Debt Collection Practices Act (FDCPA) is the primary federal law protecting consumers from abusive debt collection. Enacted in 1977, it regulates how third-party debt collectors can pursue outstanding debts and gives consumers specific rights when dealing with collection efforts. Understanding your FDCPA rights is essential because collectors count on consumers not knowing the rules.
The FDCPA applies to personal, family, and household debts including credit cards, medical bills, auto loans, and mortgages. It generally doesn't apply to business debts or to original creditors collecting their own debts.
Who the FDCPA Covers
The FDCPA regulates debt collectors—parties who regularly collect debts owed to others. This includes collection agencies, debt buyers who purchase delinquent accounts, and attorneys who regularly collect debts. The law applies when a third party attempts to collect, not when the original creditor contacts you directly.
However, some original creditors use different names to collect, making them subject to FDCPA. If your credit card company contacts you through a separate collection department with a different name, that entity may be considered a debt collector.
Many states have laws extending FDCPA-like protections to original creditors. Check your state consumer protection laws for additional coverage beyond federal protections.
Your Right to Validation
One of your most important FDCPA rights is debt validation. Within five days of first contacting you, a collector must provide written notice containing the amount of the debt, the name of the creditor, and your right to dispute. If you dispute the debt in writing within 30 days, the collector must verify it before continuing collection.
Validation should include proof that the debt exists, that you owe it, and the exact amount. Many collectors, especially debt buyers, cannot produce adequate documentation. If they can't validate, they legally cannot collect.
Send your dispute letter by certified mail with return receipt to prove delivery. Keep copies of everything. If the collector continues collecting without validating, that's an FDCPA violation.
Your Right to Control Communication
You have significant control over how collectors contact you. You can demand they stop contacting you entirely by sending a written cease communication letter. Once received, they can only contact you to confirm they'll stop or to notify you of specific actions like filing a lawsuit.
You can prohibit workplace calls by telling them your employer doesn't allow such calls. You can designate that they only communicate through your attorney if you have one. You can restrict contact to specific times or methods.
Collectors cannot contact you before 8 a.m. or after 9 p.m. in your time zone. Any call outside these hours violates your rights unless you've given explicit permission.
Protection from Third-Party Disclosure
The FDCPA strictly limits who collectors can contact about your debt. They can contact third parties only to locate you, and even then, they generally can make only one contact per person and cannot reveal that you owe a debt.
Collectors cannot discuss your debt with family members, employers, neighbors, or anyone besides you, your spouse, or your attorney. Telling your family about your debt, posting on social media, or leaving detailed voicemails that others might hear violates the law.
If a collector contacts your relative and says "I'm calling about John's debt," that's an illegal third-party disclosure. If they leave a voicemail saying "Call me about your account" that your roommate hears, that may also violate your rights.
What Collectors Cannot Say or Do
The FDCPA prohibits a wide range of abusive and deceptive practices. Collectors cannot threaten violence, use obscene language, make repeated calls intending to harass, or claim to be law enforcement or government officials.
They cannot threaten actions they cannot legally take or don't intend to take. Threatening arrest for debt (consumer debt is civil, not criminal), threatening wage garnishment without a court judgment, or threatening to sue when they have no intention to do so all violate the law.
Collectors cannot add fees, interest, or charges not authorized by the original agreement or state law. They cannot deposit a post-dated check before its date. They cannot collect through deception, such as posing as survey takers to get your information.
Remedies for Violations
When collectors violate the FDCPA, you can sue them in state or federal court. You can recover actual damages, statutory damages up to ,000, and attorney's fees. The attorney's fees provision is crucial—it allows consumers to hire lawyers without paying upfront costs.
Actual damages include out-of-pocket losses and compensation for emotional distress caused by harassment. Statutory damages are available even without proving actual harm. In class actions, statutory damages can reach 00,000 or 1% of the collector's net worth.
You have one year from the date of the violation to file an FDCPA lawsuit. Don't delay if you've been harassed—document everything and consult an attorney promptly.
Getting Legal Help
Consumer protection attorneys regularly handle FDCPA cases, often on contingency because the law awards attorney's fees to prevailing plaintiffs. Many consumers recover compensation for harassment they assumed they just had to endure. If collectors are violating your rights, an attorney can evaluate your claims and pursue appropriate remedies. Your debts don't strip you of legal protections.