What Debt Collectors Can and Cannot Do (The Complete FDCPA Guide)

What Is the FDCPA?

The Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq., is a federal law enacted in 1977 that regulates how third-party debt collectors can pursue consumer debts. It does not cap how much you owe. It does not forgive debt. What it does is define the rules of engagement — and create a private right of action when those rules are violated.

The FDCPA is enforced by the Consumer Financial Protection Bureau (CFPB) and the Federal Trade Commission (FTC). You can also enforce it yourself by suing in federal court. Many consumer attorneys handle FDCPA cases on contingency, meaning they don't charge you unless they win.

Who the FDCPA Covers (and Doesn't)

The FDCPA covers third-party debt collectors — companies and individuals who collect debts owed to someone else. It explicitly does not cover original creditors collecting their own debts (e.g., Chase calling about your Chase card). However:

• Many states have their own debt collection laws that DO cover original creditors (California, Florida, Texas, North Carolina, Maryland, and others).
• The FDCPA covers collection agencies, debt buyers, and attorneys who regularly collect debts as part of their practice.
• It covers personal, family, and household debts — not business debts.

What Collectors CAN Do (Legally)

• Contact you by phone, mail, email, or text message (with some restrictions)
• Call between 8am and 9pm local time
• Send written notice of the debt within 5 days of first contact
• Report the debt to credit bureaus
• File a lawsuit to collect (if the debt is within the statute of limitations)
• Contact your attorney if you have one
• Contact third parties to locate you (but not to discuss your debt)
• Negotiate a payment plan or settlement

What Collectors CANNOT Do (The Important List)

This is where most violations occur. Collectors cannot:

• Contact you before 8am or after 9pm local time (FDCPA § 1692c)
• Contact you at work if you've told them your employer prohibits it
• Contact you at all after you send a written cease-and-desist letter (they can only acknowledge receipt and notify you of specific actions they intend to take)
• Harass, oppress, or abuse you or anyone they contact about the debt
• Use obscene or profane language
• Threaten violence or other illegal action
• Make false, deceptive, or misleading representations
• Claim to be an attorney or government official if they are not
• Claim the debt is more than it is
• Threaten to sue on a time-barred debt (one past the statute of limitations)
• Threaten arrest or criminal prosecution for a civil debt
• Discuss your debt with your employer, family, friends, or neighbors (except your spouse or attorney)
• Send documents that look like court papers when they are not
• Use unfair or unconscionable means to collect
• Deposit a post-dated check early

Contact Time & Place Restrictions

Under FDCPA § 1692c:

• No contact before 8am or after 9pm in your time zone
• No contact at your workplace if you've told them it's prohibited
• No contact if they know you're represented by an attorney (they must contact the attorney instead)
• No contact by any means after you send a valid written cease-and-desist letter

The CFPB's 2020 rule added that collectors cannot call more than 7 times in 7 days for a single debt, and must wait 7 days after a conversation before calling again.

Harassment & Abuse: What's Prohibited

FDCPA § 1692d prohibits conduct the natural consequence of which is to harass, oppress, or abuse. Specifically prohibited:

• Threatening violence against you or your property
• Using obscene, profane, or abusive language
• Publishing your name as someone who refuses to pay (except to credit bureaus)
• Advertising your debt for sale
• Causing your phone to ring repeatedly or continuously with intent to annoy
• Placing calls without disclosing their identity

False Statements: What's Prohibited

FDCPA § 1692e prohibits false, deceptive, or misleading representations. This includes:

• False representation of the character, amount, or legal status of the debt
• False representation that they are an attorney
• False implication that you'll be arrested for nonpayment
• Threatening to sue when they have no intention of suing (or cannot legally sue)
• False representation that nonpayment will result in your property being seized
• Sending communications that look like legal documents when they are not

Your Options When They Violate

If a debt collector violates the FDCPA, you have multiple options:

1. File a CFPB Complaint

Go to consumerfinance.gov/complaint. The CFPB forwards your complaint to the collector and requires a response. This creates a paper trail and may trigger regulatory action. See our guide: How to File a CFPB Complaint.

2. File a State Attorney General Complaint

Your state AG may also have enforcement authority. Many states have additional consumer protection laws beyond FDCPA. File with both CFPB and your state AG.

3. Sue Under the FDCPA

You can bring a lawsuit in federal or state court within 1 year of the violation. Potential recovery:

• Actual damages (emotional distress, lost wages, etc.)
• Up to $1,000 in statutory damages per lawsuit (not per violation)
• Attorney fees and court costs if you win

Many consumer protection attorneys take FDCPA cases on contingency. Contact the National Association of Consumer Advocates (naca.net) to find one in your area.