Fair Debt Collection Practices Act (FDCPA)

Fair Debt Collection Practices Act (FDCPA)

Key takeaways

• The FDCPA limits how, when, and how often third‑party debt collectors may contact you.
• It applies to collectors working for collection agencies (not original creditors collecting their own accounts) and covers common household debts (credit cards, medical bills, student loans, mortgages).
• Collectors must send a written validation notice within five days of first contact with details about the debt and instructions to dispute it.
• The FDCPA bans abusive, deceptive, and unfair practices; violations allow you to file complaints or bring a lawsuit.

What the FDCPA does

The Fair Debt Collection Practices Act creates legal boundaries for third‑party debt collectors to prevent harassment, deception, and unfair treatment. It governs:
* permissible communication methods (phone, mail, email, text, social media with limits),
* appropriate times to contact debtors,
* what a collector must disclose and how they must identify themselves, and
* procedures for disputing a debt.

If a collector breaks these rules, you can file a complaint with the Consumer Financial Protection Bureau (CFPB) or your state attorney general, and you may be able to sue in state or federal court.

Who is covered

• Applies to third‑party collectors and collection agencies that collect debts owed to others.
• Does not apply to someone collecting their own debt (for example, a local store owner collecting a charge owed to them).
• Covers most consumer debts, including credit cards, medical bills, student loans, mortgages, and other household obligations.

Required notice and disputing a debt

Within five days of initial contact, a collector must mail a written validation notice that includes:
* the amount owed,
* the name of the creditor,
* notice that you have 30 days to dispute the debt and instructions on how to do so,
* information on what happens if you do not dispute the debt.
If you dispute the debt in writing within 30 days, the collector must stop collection efforts until it verifies the debt.

Communication rules and limits

• Time of contact: Collectors generally may not call before 8 a.m. or after 9 p.m. unless you agree to a different time.
• Frequency: Under the CFPB’s Debt Collection Rule, collectors may not place excessive calls (commonly described as no more than seven calls in a seven‑day period to the same number); other messaging (texts, emails) may be subject to different limits.
• Workplace contacts: Collectors may call your workplace but must stop if you request that they not contact you there. They may not visit your workplace in a way that publicizes the debt.
• Social media: Collectors may contact you privately via social platforms, but they must not publicly disclose the debt, must identify themselves as collectors, and must provide an opt‑out option.

Third‑party contact restrictions

If a collector lacks your contact information, they may contact third parties (relatives, neighbors, acquaintances) only to obtain your location information. Rules include:
* They may not disclose that they are collecting a debt or reveal any information about the debt to the third party.
* They may contact each third party only once unless the third party provides new contact information.
* They may discuss the debt only with you or, in many cases, your spouse (not with other third parties).

Prohibited conduct and harassment

The FDCPA forbids collectors from engaging in abusive or deceptive practices, including:
* threats of violence, arrest, or legal action they do not intend to take,
* use of obscene, profane, or abusive language,
* repeated calls intended to annoy or harass,
* misrepresenting the amount owed or the identity of the collector,
* claiming to be an attorney or government representative when they are not,
* publicizing the debt (e.g., announcing it publicly or visiting your workplace in a way that discloses the debt).

Harassment can also include calling at inconvenient times, failing to identify themselves as debt collectors, or making false statements designed to coerce payment.

What to do if a collector is violating the FDCPA

1. Keep records: save voicemails, texts, emails, letters, and a log of calls (dates, times, call content).
2. Request validation: if you haven’t received the written validation notice, ask for it and dispute the debt in writing within 30 days if you believe it’s incorrect.
3. Send a cease‑and‑desist letter: if you want calls to stop, send a written request to the collector (certified mail with return receipt is recommended) and keep proof of delivery.
4. File complaints: submit a complaint to the CFPB and consider filing with your state attorney general or consumer protection agency.
5. Consider legal action: you may sue a collector in state or federal court for FDCPA violations; consult an attorney for guidance on damages and process.

Bottom line

The FDCPA gives consumers clear protections against abusive, deceptive, and unfair debt‑collection tactics by third‑party collectors. Knowing your rights—how collectors may contact you, what information they must provide, how to dispute a debt, and how to stop harassing communications—helps you respond effectively and pursue remedies when collectors cross legal lines.