Who Is Covered

Covered: Third-party debt collectors - collection agencies, debt buyers (like Portfolio Recovery, Midland Credit, LVNV Funding), attorneys collecting debts, and companies contracted to collect debts.

Not covered by FDCPA: Original creditors (banks, hospitals, credit card companies) collecting their own debt. However, many states have enacted their own laws covering original creditors. When your bank sends its own collections department after you, check your state's consumer protection laws.

Key FDCPA Rights

Contact Restrictions (§1692c)

  • Collectors may only call between 8am and 9pm in your local time zone
  • They cannot call your workplace if they know your employer prohibits personal calls
  • They cannot contact you if you have an attorney representing you on the debt
  • Upon written request, they must stop all contact (with limited exceptions)

Prohibited Harassment (§1692d)

  • No calls intended to harass, oppress, or abuse
  • No threats of violence
  • No use of obscene language
  • No repeated calls designed to annoy
  • No calling without identifying themselves as debt collectors

Prohibited False Statements (§1692e)

  • Cannot falsely claim to be attorneys or government officials
  • Cannot misrepresent the amount owed
  • Cannot threaten lawsuits they don't intend to file or can't legally file
  • Cannot imply you will be arrested for non-payment (you can't be)
  • Cannot use false names or disguise their identity

Debt Validation Rights (§1692g)

Within 5 days of first contact, the collector must send a written notice including: amount owed, creditor name, and your 30-day right to dispute. You have 30 days to send a written validation request. During validation, they must cease collection until they provide verification.

Your Right to Sue (§1692k)

If a collector violates the FDCPA, you can sue in federal or state court within 1 year of the violation. Successful plaintiffs can recover:

  • Actual damages (financial harm, emotional distress)
  • Statutory damages up to $1,000 per lawsuit
  • Attorney fees and costs paid by the collector

Consumer protection attorneys frequently take FDCPA cases on contingency because the attorney fee provision makes them viable even on small actual damages.

How to Enforce Your Rights

  1. Document everything: dates, times, what was said, who called
  2. Send a debt validation request within 30 days: Debt Validation Letter
  3. Send a cease contact letter if needed: Cease and Desist Letter
  4. File a CFPB complaint: CFPB Complaint Guide
  5. File a complaint with your state attorney general
  6. Consult a consumer protection attorney for clear violations