Your Rights Under the Fair Debt Collection Practices Act (FDCPA)

The FDCPA limits when and how third-party debt collectors can contact you, requires them to tell you about the debt and your right to dispute it, and bans harassment and lies. You can tell a collector in writing to stop contacting you, and you can sue a collector who breaks the law within one year.

What the law says

• Collectors generally can't contact you at an unusual or inconvenient time or place; absent other information, 8 a.m. to 9 p.m. your local time is presumed convenient. 15 U.S.C. § 1692c(a)(1)
• Collectors can't contact you at work if they know or have reason to know your employer prohibits it. 15 U.S.C. § 1692c(a)(3)
• If the collector knows you have a lawyer for the debt, it must generally contact the lawyer instead of you. 15 U.S.C. § 1692c(a)(2)
• If you tell a collector in writing to stop contacting you, it must stop, except to confirm it is ending collection or to notify you of a specific action such as a lawsuit. 15 U.S.C. § 1692c(c)
• Collectors generally can't discuss your debt with anyone other than you, your lawyer, the creditor, a credit bureau where permitted, and certain others. 15 U.S.C. § 1692c(b)
• Within five days after first contacting you, a collector must send a written notice with the amount of the debt, the creditor's name, and your right to dispute within 30 days. 15 U.S.C. § 1692g(a)
• If you dispute the debt in writing within 30 days, the collector must stop collecting until it mails you verification or a copy of a judgment. 15 U.S.C. § 1692g(b)
• A collector is presumed to violate the harassment rule if it calls you about a particular debt more than seven times within seven consecutive days, or within seven days after a phone conversation with you about it. 12 C.F.R. § 1006.14(b)(2) (Regulation F)
• Collectors can't threaten violence, use obscene or profane language, falsely say you'll be arrested, or pretend to be a lawyer or government representative. FTC, Debt Collection FAQs
• You can sue a collector that violates the FDCPA for actual damages, up to $1,000 in additional damages, and court costs and reasonable attorney's fees, within one year of the violation. 15 U.S.C. § 1692k

How to file a complaint

Submit a complaint to the CFPB online at consumerfinance.gov/complaint or by phone at (855) 411-2372 (Mon-Fri, 9 a.m.-6 p.m. ET); most companies respond within 15 days. You can also report to the FTC at ReportFraud.ftc.gov or your state attorney general. A private FDCPA lawsuit must be filed within one year of the violation. CFPB, Submit a complaint; FTC, Debt Collection FAQs; 15 U.S.C. § 1692k(d)

Related

• Collections on Your Credit Report: Time Limits and Disputes
• What Is Wage Garnishment?
• Zombie Debt: What to Do About Old, Time-Barred Debt
• Debt & Collections by state

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.