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Your rights

State Laws Often Give You More Protection

Why state laws matter

Federal laws (FCRA and FDCPA) provide a baseline of consumer protection. State laws often add to these protections in important ways. In some states, state law is significantly stronger than federal law.

Several areas where state laws often extend protection:

  • Original creditors: Federal FDCPA only applies to third-party collectors, but many states have laws that apply similar rules to original creditors.
  • Statute of limitations on debt: Each state sets its own SoL, ranging from 3 years to 15 years for various debt types.
  • Garnishment limits: States set their own rules on what portion of wages can be garnished.
  • Licensing: Some states require debt collectors to be licensed to operate in the state.
  • Specific prohibited practices: States can prohibit practices that federal law allows.

What this page covers

This page provides general information about state-specific protections in larger states and a general framework for finding your state's rules. For comprehensive state-by-state coverage, see:

Florida

Florida has specific rules under the Florida Consumer Collection Practices Act (FCCPA) that go beyond federal FDCPA in some ways.

Key Florida-specific rules:

  • The FCCPA applies to original creditors, not just third-party collectors. This is a meaningful expansion of protection compared to federal FDCPA.
  • Florida law prohibits collectors from communicating with consumers in a way that harasses, abuses, or oppresses them.
  • The statute of limitations on most consumer debts in Florida is 5 years for written contracts (FL Statute 95.11(2)(b)) and 4 years for oral contracts and open accounts.
  • The statute of limitations on auto deficiency judgments in Florida is generally 5 years.

The Florida Attorney General accepts complaints about debt collection violations. File at myfloridalegal.com.

Critical Florida rule: Making a partial payment on a time-barred debt can revive the statute of limitations under Florida law. Never make a payment, written acknowledgment, or new payment plan on a debt past the SoL without consulting an attorney first.

California

California has some of the strongest consumer protection laws in the country.

Key California-specific rules:

  • The California Fair Debt Buying Practices Act (CFDBPA) requires debt buyers to have specific documentation before suing. If they cannot produce proof of the debt's transfer history and original signed agreement, they cannot collect.
  • The Rosenthal Fair Debt Collection Practices Act extends FDCPA-like protections to original creditors, not just third-party collectors.
  • California has a 4-year statute of limitations on most written contracts and 2 years on oral contracts.
  • California prohibits wage garnishment in excess of 25% of disposable earnings or amounts above 40 times the state minimum wage.

The California Attorney General accepts complaints at oag.ca.gov.

New York

New York has strong consumer protections including specific rules for debt buyers.

Key New York rules:

  • The Consumer Credit Fairness Act (effective 2022) requires specific disclosures from debt collectors and shortens the statute of limitations on consumer debt to 3 years (down from 6).
  • New York requires debt collectors to be licensed.
  • New York City has additional rules requiring NYC-specific debt collector licenses.
  • New York allows consumers to use the statute of limitations as a defense even if the debt is acknowledged in writing (unlike many states).

The New York Attorney General accepts complaints at ag.ny.gov.

Texas

Texas has unique rules in some areas.

Key Texas rules:

  • Texas does not allow wage garnishment for most consumer debts. This is a major exception to general garnishment rules in other states.
  • Texas has a 4-year statute of limitations on most written contracts.
  • Texas requires debt collectors to be licensed and bonded.
  • Texas does not require homestead exemption equity to be available for most consumer debts.

The Texas Attorney General accepts complaints at texasattorneygeneral.gov.

Other states

Each state has its own rules. Some states with notably strong consumer protections include:

  • Massachusetts - 4-year SoL on contracts, requires debt collector licensing
  • Connecticut - Requires debt buyer licensing, specific rules on documentation
  • Washington State - Requires debt collector licensing, specific Consumer Protection Act
  • Oregon - Similar to Washington, strong consumer protection framework
  • Colorado - Recent debt collection reform legislation in 2023

States with weaker consumer protections (relying mostly on federal law):

  • Wyoming, Idaho, Mississippi, South Dakota - Generally minimal state-level additions to federal law
  • Many southern and mountain states - Mostly defer to federal law

How to find your state's rules

The best resources for state-specific information:

  1. Your state attorney general office - Has consumer protection division that handles complaints and provides information.
  2. Your state's consumer protection office - Sometimes separate from the AG, sometimes part of it.
  3. State legal aid organizations - Often publish guides to debt collection laws in plain language.
  4. State bar association - Can refer you to consumer protection attorneys familiar with state law.

Find your state's resources

What to look for in your state's laws

When researching your state:

  1. Statute of limitations - How long can you be sued for various types of debt?
  2. Original creditor rules - Does your state extend FDCPA-like rules to original creditors?
  3. Garnishment limits - What are the limits on wage garnishment?
  4. Licensing requirements - Are debt collectors required to be licensed? If so, you can verify their license.
  5. Specific prohibited practices - What does your state prohibit beyond federal law?

Reviving statute of limitations

This is critical and often misunderstood. In many states, certain actions can "revive" the statute of limitations on a debt that would otherwise be too old to legally collect.

Actions that can revive SoL in many states:

  • Making any payment, even a partial one
  • Acknowledging the debt in writing
  • Entering a new payment plan
  • Promising to pay (in some states, even verbally)

If a debt is past the SoL in your state, that is a legal defense if you are sued. But if you take an action that revives the SoL, you have undone that defense.

The safest rule: never make a payment, written acknowledgment, or new agreement on a debt that may be past the SoL without consulting an attorney first.

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