FDCPA

Who It Covers

It covers outside collectors and collection agencies, plus attorneys who collect debts on the regular, when they are chasing personal or household debt. Credit cards, medical bills, personal loans, car loans. It generally does not cover the company you originally borrowed from collecting in its own name. A number of states fill that gap with their own laws, so check your state if that is your situation. Not sure which one you have? See original creditors vs. collectors.

It does not cover business debts, and it does not wipe out what you owe. It controls how you can be contacted and treated while somebody collects.

What It Gives You

• Limits on when and how often they call. Generally no calls before 8 a.m. or after 9 p.m. your time, and no calling over and over to wear you down. See debt collection calls.
• No threats, no lies. They cannot threaten arrest, claim a lawsuit they do not intend to file, lie about the amount, or curse at you.
• They cannot talk about your debt with other people. They can contact others only to find you, not to discuss what you owe with your boss, family, or neighbors.
• You can demand proof before you pay. If you are not sure the debt is yours, ask in writing. They have to pause collecting until they send it.
• You can tell them to stop. A written request generally makes them stop, except to confirm they are done or to tell you about something specific like a lawsuit. See cease and desist letters.

Asking for Proof

Within five days of first contacting you, a collector has to send written notice of the amount, who the debt is owed to, and your right to dispute. Dispute in writing within 30 days and they have to stop collecting until they show you something real, like a statement or the original agreement.

This is not the same as disputing your credit report under the FCRA. Validation is about proving you owe this collector. A report dispute is about what is printed in your file. For how to write one, see our debt validation letter guide.

If They Break the Rules

You generally have one year from the violation to sue, in federal or state court. Win, and you can get your actual damages, up to $1,000 even with no proof of harm, plus attorney fees and court costs. That last part is why a lot of consumer attorneys take these cases with no money up front.

You can also report it to the CFPB or your state attorney general. That does not pay you, but it can bring bigger trouble down on a bad actor.

What This Looks Like in Real Life

A collector calls your job after you told them not to. Or calls your sister and tells her about your debt. That is likely two violations at once. Contacting a third party for something other than finding you, and telling someone else you have a debt. Write down the calls, date, time, what was said. Send a written request to stop contacting you. Then talk to a consumer attorney, because the damages alone can make it worth doing even if you lost no money. If the debt turns into a court case, see our debt lawsuits guide.

Where People Get Caught

• "Asking for validation makes the debt disappear." No. It pauses things until they answer. The debt can still be reported and still sued on.
• "Telling them to stop calling stops a lawsuit." It does not. They can still sue. They just have to tell you in writing.
• "This protects me from my original lender too." Usually not under federal law, though some state laws do cover them.