The FDCPA explained: your rights when a debt collector calls

The FDCPA, enacted in 1977, covers "debt collectors," which the statute defines as anyone whose principal business purpose is collecting debts, or who regularly collects debts owed to someone else. In practice that includes:

• Collection agencies hired by a lender, hospital, or landlord.
• Debt buyers that purchase old accounts and try to collect them.
• Many law firms that regularly collect consumer debts, including by filing lawsuits.

It generally does not cover an original creditor, such as your credit card company, collecting its own debt under its own name. Some state laws fill that gap, so a bank's own collection calls may still be restricted by state law.

The law applies to consumer debts: credit cards, medical bills, car loans, personal loans, rent, and similar personal or household obligations. It does not cover business debts.

The FDCPA has three broad bans: harassment or abuse (15 U.S.C. 1692d), false or misleading representations (1692e), and unfair practices (1692f). Common violations include:

Under 15 U.S.C. 1692c(a)(1), a debt collector must assume the only convenient time to contact you is after 8 a.m. and before 9 p.m., local time at your location, unless it knows otherwise. Collectors also cannot contact you at work if they know your employer prohibits it, and cannot contact you directly if they know you have a lawyer for the debt.

The CFPB's Regulation F adds a bright-line call limit. Under 12 C.F.R. 1006.14(b)(2), a debt collector is presumed to violate the law if it calls you about a particular debt more than seven times within seven consecutive days, or within seven days after having a phone conversation with you about that debt.

Threats of jail are a classic violation. A collector cannot have you arrested for an unpaid debt; see can you go to jail from a civil lawsuit.

Demand validation. A collector must send you a validation notice with the amount of the debt, the creditor's name, and your rights. If you dispute the debt in writing within the 30-day validation period, the collector must stop collecting until it sends you verification of the debt. This is often the fastest way to catch a debt that is wrong, already paid, or not yours.

Know who is calling. Under 15 U.S.C. 1692e(11), a collector must disclose in its first communication that it is attempting to collect a debt and that any information obtained will be used for that purpose, and must say in later communications that the message is from a debt collector. A caller who will not identify the company is a red flag.

Tell them to stop. Under 15 U.S.C. 1692c(c), if you notify a collector in writing that you refuse to pay or want it to stop contacting you, it must stop, except to confirm it is ending its efforts or to tell you about a specific action, such as a lawsuit. Stopping calls does not erase the debt, and the collector can still sue.

Check your credit reports. Collectors that report to credit bureaus must report disputed debts as disputed. Errors can also support a claim under the Fair Credit Reporting Act; see the FCRA explained.

Under 15 U.S.C. 1692k, a debt collector that violates the FDCPA is liable for your actual damages, additional statutory damages of up to $1,000 in an individual case, and the costs of the action plus reasonable attorney fees. Actual damages can include emotional distress, lost wages from dealing with harassment, and money wrongly collected.

The fee-shifting provision matters: because a winning consumer's attorney fees are paid by the collector, many consumer lawyers take FDCPA cases without charging the client up front.

Class actions work differently. In an FDCPA class action, statutory damages for the class are capped at the lesser of $500,000 or 1% of the debt collector's net worth, plus actual damages and fees. That cap is why FDCPA class settlements often pay small amounts per person, and why individual suits can be worth more when you have strong evidence. See class action vs. individual lawsuit.

The FDCPA has one of the shortest deadlines in consumer law. An FDCPA lawsuit must be brought within one year from the date the violation occurs. In Rotkiske v. Klemm (2019), the Supreme Court held that this clock starts when the violation happens, not when you discover it, absent an equitable doctrine that applies.

If a collector is harassing you or threatening you:

1. Send a written dispute or cease-contact letter, and keep proof of mailing.
2. Save every call record, voicemail, and letter.
3. Do not ignore a lawsuit. Respond by the deadline on the court papers.
4. File a complaint with the CFPB and your state attorney general.
5. Get advice quickly, because the one-year clock may already be running.

See our page on debt collection harassment lawsuits. If you are dealing with a debt relief company rather than a collector, see how to cancel a debt settlement program and debt relief lawsuits. And if collectors are calling a number that is not yours, the TCPA may also apply; see wrong-number robocalls. A free case review takes about two minutes.