FDCPA (Fair Debt Collection Practices Act)

The Fair Debt Collection Practices Act, 15 U.S.C. 1692 and following sections, protects consumers from abusive debt collectors. It mainly covers third-party collectors, collection agencies, debt buyers, and law firms that regularly collect consumer debts, not the original creditor collecting its own debt. It applies to personal, family, and household debts such as credit cards, medical bills, and car loans, not business debts.

The FDCPA bans a wide range of conduct, including calling repeatedly to harass, threatening arrest or violence, using obscene language, lying about the amount owed or about being a lawyer, threatening to sue when the collector has no intent or right to do so, contacting you at work after being told not to, and discussing your debt with most third parties. Collectors must send a validation notice, and if you dispute the debt in writing within the validation period, they must pause collection until they verify it.

Under 15 U.S.C. 1692k, an individual can recover actual damages plus up to $1,000 in statutory damages and attorney fees, and in a class action the class can recover up to the lesser of $500,000 or 1% of the collector's net worth. Claims must be filed within one year of the violation, which is short, so timing matters.

Keep every letter, voicemail, and text from a collector, and a log of calls with dates and times. Send disputes in writing and keep proof of mailing. Our FDCPA guide explains your rights step by step, and the debt collection harassment page explains when violations can lead to a claim.