Common FDCPA Violations
Calling before 8 AM or after 9 PM. Calling your workplace after being told not to. Threatening arrest or jail. Using profane or abusive language. Calling repeatedly to harass (8+ calls per week on the same debt violates Regulation F). Contacting third parties about your debt. Failing to send a validation notice. Continuing to collect after a timely dispute without verification. Misrepresenting the amount owed. Threatening legal action they do not intend to take.
How to Document Violations
Keep a call log with date, time, phone number, collector name, and what was said. Save all voicemails, texts, and emails. Check if your state allows one-party consent recording -- if so, record every call. Keep all letters and envelopes (postmarks matter). Screenshot any social media contact. This evidence is critical for any FDCPA lawsuit.
Filing a Lawsuit
You can sue in federal or state court within one year of the violation. Statutory damages are up to $1,000 per lawsuit (not per violation, unfortunately). Actual damages (emotional distress, lost wages, medical costs from stress) have no cap. The collector must pay your attorney fees if you win. Class action damages can reach $500,000 or 1% of the collector's net worth.
Regulatory Complaints
File with the Consumer Financial Protection Bureau (CFPB) at consumerfinance.gov. File with your state attorney general's consumer protection division. File with the Federal Trade Commission (FTC). While these agencies rarely pursue individual cases, patterns of complaints lead to enforcement actions. The CFPB has recovered billions for consumers from abusive collectors.
Frequently Asked Questions
How much can I get for an FDCPA violation?
Up to $1,000 in statutory damages per lawsuit, plus actual damages (no cap), plus attorney fees. Many consumer attorneys take these cases on contingency with no upfront cost to you.
Is there a time limit to sue?
Yes -- one year from the date of the violation. This is strict. If you have evidence of violations, consult an attorney promptly.
Can I sue even if I owe the debt?
Absolutely. Owing a debt does not give the collector the right to break the law. The FDCPA exists specifically to protect people who owe debts from abusive collection practices.
Check your bankruptcy discharge eligibility with our free screening tool.
Free Discharge Screener