Skip to main content
Understand CreditFree credit education. No data collection. No upsells.

Your rights

The Fair Debt Collection Practices Act, Explained in Plain Language

What FDCPA is

The Fair Debt Collection Practices Act is a federal law that governs how debt collectors can interact with consumers. It was enacted in 1977 to address abusive practices in the debt collection industry.

The official text is at 15 U.S.C. section 1692. Like FCRA, the actual statute is long and dense. This page covers what consumers most need to know.

Who FDCPA applies to

FDCPA applies to third-party debt collectors. This includes:

  • Collection agencies that collect debts on behalf of original creditors
  • Debt buyers who purchased debts and are collecting on them
  • Lawyers who regularly collect debts (debt collection law firms)

FDCPA does not apply to:

  • Original creditors collecting their own debts (with some exceptions)
  • Internal collection departments at banks, credit unions, etc. when collecting debts the institution originated

This is a major limitation. If your credit card company is calling you about a debt you owe them, FDCPA does not apply. Once they sell that debt to a collector, FDCPA does apply to the collector.

State laws often extend FDCPA-like protections to original creditors. Check state-specific rights for what applies in your state.

Your right to debt validation

This is one of the most important rights under FDCPA, and one of the most underused.

When a debt collector first contacts you, they are required by FDCPA section 1692g to provide a "validation notice" within 5 days. This notice must include:

  • The amount of the debt
  • The name of the original creditor
  • Your right to dispute the debt within 30 days
  • Information that the collector must provide if you dispute

You have 30 days from receiving the validation notice to send a written request for verification of the debt. If you do this, the collector must:

  1. Stop all collection activity
  2. Send you verification of the debt (typically the original signed contract or account statement)
  3. Provide the name and address of the original creditor

If the collector cannot or does not provide verification, they cannot legally continue collection efforts. They also cannot continue reporting the debt to credit bureaus.

How to request debt validation

You must request validation in writing within 30 days of receiving the validation notice. Send the request by certified mail with return receipt requested so you have proof of delivery.

The request does not need to be elaborate. A simple letter stating "I dispute this debt and request validation" is sufficient.

Debt validation letter template

Why debt validation is powerful

Many debt buyers do not have the documentation to validate debts. The original creditor sold the debt as part of a portfolio, often with limited documentation. The buyer paid pennies on the dollar and may not have the original signed agreement, payment history, or other documentation needed to prove you actually owe what they say you owe.

When asked to validate, the debt buyer often cannot. At that point, they have three choices:

  1. Stop collection efforts
  2. Sell the debt to another buyer
  3. Sue you anyway and hope you do not show up

If they sue you and you appear in court demanding to see the original documentation, many debt buyer cases collapse because the documentation does not exist or cannot be authenticated.

Communication restrictions

FDCPA puts specific limits on how, when, and where collectors can contact you.

Time and place restrictions

Collectors generally cannot contact you:

  • Before 8:00 AM or after 9:00 PM in your local time zone
  • At your workplace if they know or should know your employer prohibits such calls
  • At a place or time you have requested they not contact you

Communication methods

Collectors can contact you by phone, mail, email, or text message. Recent FDCPA amendments (Regulation F, effective 2021) clarified rules around modern communication methods like text and email.

Limit on phone calls

Under Regulation F, collectors are limited to 7 calls within a 7-day period for each specific debt. After making contact, they cannot call again for 7 days unless you give consent.

Stopping communications

You can stop a collector from contacting you by sending a written request. Once they receive your written request, they can only contact you to:

  • Tell you they are stopping collection
  • Tell you they are taking specific action (such as filing suit)

This is sometimes called a "cease and desist" letter, though the technical term in FDCPA is "request that communication cease."

Cease and desist letter template

Important note: stopping communications does not make the debt go away. The collector can still sue you. Many people send cease and desist letters and then are surprised when they get sued shortly after. If you send one, be aware that you are also limiting your warning of potential legal action.

Things collectors cannot do

FDCPA prohibits a long list of practices. Some of the most important.

They cannot threaten violence or arrest

A debt collector cannot threaten you with physical harm, violence, or arrest. They cannot threaten to take action they cannot legally take. If a collector tells you they will have you arrested for not paying, that is an FDCPA violation. Civil debts do not result in arrest.

They cannot misrepresent the debt

Collectors cannot lie about how much you owe, who they are, what authority they have, or what consequences await you. This includes:

  • Falsely claiming to be attorneys or government agents
  • Falsely threatening lawsuits they have no intention of filing
  • Misrepresenting the legal status of the debt
  • Falsely claiming you have committed a crime

They cannot harass or abuse you

Calling repeatedly to annoy, using profane language, or making contact with the intent to harass are all violations.

They cannot discuss your debt with third parties

Collectors generally cannot tell other people about your debt. They can call third parties (like family members) only to find out where you live or work, and even then they are restricted in what they can say.

There are exceptions:

  • Your attorney
  • The original creditor (or their attorneys)
  • A consumer reporting agency
  • Anyone else with your consent

They cannot collect more than you owe

Collectors can only collect the amount actually owed. They can add fees and interest only if those amounts are allowed by the original contract or by state law.

They cannot continue contact after written request to stop

If you send a written request to stop contacting you, they generally cannot contact you again except to tell you they are stopping or to notify you of legal action.

What to do if your FDCPA rights are violated

Document everything. Save:

  • Voicemails (record them or save the audio)
  • Text messages
  • Emails
  • Letters
  • Notes from phone calls including date, time, and what was said

If you believe a collector has violated FDCPA:

  1. File a complaint with the CFPB at consumerfinance.gov/complaint
  2. File a complaint with the FTC at reportfraud.ftc.gov
  3. File a complaint with your state attorney general
  4. Consult a consumer protection attorney

FDCPA section 813 provides for damages of up to $1,000 per violation, plus actual damages, plus attorney fees. Like FCRA, this means consumer protection attorneys often take FDCPA cases on contingency.

A single phone call after you have sent a cease request can be a $1,000 violation. Repeated violations or particularly egregious conduct can result in higher damages.

Common FDCPA violations to watch for

  • Calls before 8 AM or after 9 PM
  • Calling your workplace after being told not to
  • Discussing your debt with family members or coworkers
  • Threatening lawsuits the collector has no intention of filing
  • Threatening arrest, garnishment without judgment, or other consequences they cannot deliver
  • Continuing to call after a written cease request
  • Misrepresenting the amount owed
  • Adding fees not allowed by contract or law
  • Calling about debts that are past the statute of limitations and threatening to sue (this is illegal in many circumstances)

If any of these have happened to you, document them and consider filing complaints or contacting an attorney.

Statute of limitations on FDCPA claims

You generally have one year from the date of the violation to sue under FDCPA. This is shorter than many other consumer protection statutes, so do not wait.

Related pages