FDCPA Protections
The Fair Debt Collection Practices Act (FDCPA) protects you from abusive debt collection practices. Understanding these protections can stop harassment and help you deal with collectors effectively.
What is the FDCPA?
The Fair Debt Collection Practices Act (15 U.S.C. § 1692) is a federal law that limits what debt collectors can do when collecting debts. It prohibits abusive, unfair, and deceptive practices.
Enacted in 1977, the FDCPA is your primary shield against harassment from collection agencies.
Who is Covered?
The FDCPA primarily applies to third-party debt collectors, such as:
- Collection agencies collecting on behalf of others
- Debt buyers who purchased your debt
- Collection attorneys
Note: It generally does NOT apply to original creditors (like Chase or Citibank) collecting their own debts, though state laws may offer similar protections.
Prohibited Practices
Collectors cannot use abusive or deceptive tactics.
🚫 Harassment & Abuse
- Threatening violence or harm
- Using obscene or profane language
- Repeatedly calling to annoy you
- Publishing your name on a "bad debt" list
🚫 False Statements
- Claiming to be attorneys or police if they aren't
- Misrepresenting the amount you owe
- Threatening arrest or legal action they can't take
- Falsely claiming to be from a credit bureau
🚫 Unfair Practices
- Collecting interest/fees not authorized by the original contract
- Depositing post-dated checks early
- Threatening to take property they have no right to
Your Rights Under the FDCPA
Stop Contact
You can send a written "cease and desist" letter. Once received, they can only contact you to say they are stopping or filing a lawsuit.
Time & Place
They cannot call before 8 AM or after 9 PM, or at work if you tell them your employer forbids it.
Request Validation
You have 30 days to request proof of the debt. They must stop collecting until they provide it.
Privacy
They cannot discuss your debt with your neighbors, friends, or employer (except to find your address).
Debt Validation
This is your most powerful tool. Within 30 days of their first contact, send a "Debt Validation Letter".
- Collector contacts you.
- You send a certified letter disputing the debt and requesting validation.
- Collector must stop all collection activity.
- Collector must obtain verification (original contract, bill) and mail it to you.
- If they can't validate, they can't collect or report it.
What to Do About Violations
If a collector breaks these rules:
- Document everything (dates, times, names, what was said).
- File a complaint with the CFPB and your state Attorney General.
- Sue them. You can sue for up to $1,000 in statutory damages, plus actual damages and attorney fees.
