Debt Collection
Stop illegal collection practices.
The Fair Debt Collection Practices Act draws bright lines around how third-party collectors may contact you. Cross them, and a collector can owe you — not the other way around.
What the FDCPA Covers
The Fair Debt Collection Practices Act (FDCPA) applies to third-party debt collectors collecting consumer debts. It sets out what collectors must do (like provide validation information), what they may not do (like harass, threaten, or deceive), and gives consumers a private right of action with statutory damages up to $1,000 per case plus actual damages and attorney's fees.
Prohibited Collector Tactics
Harassment or Abuse
- Repeated or continuous calls intended to annoy.
- Obscene or profane language.
- Threats of violence or harm.
- Publishing a list of consumers who allegedly refuse to pay.
False or Misleading Representations
- Claiming to be an attorney, government official, or law enforcement.
- Misstating the amount, character, or legal status of a debt.
- Threatening action that cannot legally be taken or is not actually intended.
- Threatening arrest or criminal prosecution for a consumer debt.
Unfair Practices
- Collecting amounts not authorized by the agreement or by law.
- Depositing post-dated checks early.
- Communicating by postcard or in a way that reveals the debt to others.
Improper Contact
- Calls before 8:00 a.m. or after 9:00 p.m. local time.
- Contact at work after being told the employer prohibits it.
- Contacting third parties (family, neighbors, employer) about the debt itself.
- Continuing to contact you after a written cease-communication request.
- Contacting you directly when you're represented by counsel.
Your Validation Rights
Within 5 days of first contact, a collector must send a written notice listing the amount owed, the creditor, and your right to dispute the debt. If you dispute in writing within 30 days, the collector must stop collection activity until they send verification. This is one of the most powerful and underused tools in consumer protection.
How to Stop the Calls
- Send a written cease-communication letter — by certified mail with return receipt.
- Send a written debt-validation request within the 30-day window if applicable.
- Document every contact (date, time, number, name of agent, what was said).
- Save voicemails, letters, and texts as evidence.
- Talk with someone who handles FDCPA cases — even if you do owe the debt, the collector's conduct can have independent legal value.
State Laws
Many states layer their own consumer-collection statutes on top of the FDCPA, sometimes covering original creditors (not just third-party collectors) and providing larger damages. New York's General Business Law and DCWP debt-collection rules, California's Rosenthal Act, and similar laws in many other states give consumers additional leverage.
What a Successful FDCPA Case Can Recover
- Actual damages (out-of-pocket loss, emotional distress).
- Statutory damages of up to $1,000 per case.
- Attorney's fees and costs.
- In some cases, the collector may also lose the right to enforce the underlying debt.
Don't go up against your creditors alone.
Talk with our team about your options — free, confidential consultation.
