What the FDCPA Covers
The Fair Debt Collection Practices Act (15 U.S.C. 1692 et seq.) regulates the behavior of third-party debt collectors -- companies that collect debts on behalf of others or buy debts to collect. It does NOT apply to original creditors collecting their own debts (though some states extend similar protections). The law covers personal, family, and household debts including credit cards, medical bills, auto loans, and mortgages.
What Collectors Cannot Do
Harassment: No calling before 8 AM or after 9 PM, no excessive calls, no profanity, no threats of violence. False statements: No lying about the amount owed, no pretending to be attorneys or government officials, no threatening arrest. Unfair practices: No collecting unauthorized fees, no depositing post-dated checks early, no publishing your name on a "bad debts" list.
Your Right to Demand Validation
Within 5 days of first contact, the collector must send you a written notice stating the amount of the debt, the name of the creditor, and your right to dispute. If you send a written dispute within 30 days, the collector must stop collecting until they provide verification of the debt. This is separate from a cease and desist letter.
Your Right to Stop Communication
Under 15 U.S.C. 1692c(c), you can send a written notice demanding the collector stop all contact. After receiving it, they can only contact you to confirm receipt or to notify you of a specific legal action. This is the cease and desist right. It does not erase the debt, but it stops the calls, letters, texts, and emails.
How to Enforce Your Rights
If a collector violates the FDCPA, you can sue in federal or state court within one year of the violation. Remedies include: actual damages (stress, lost wages, medical bills), statutory damages up to $1,000 per case, and attorney fees. Many consumer protection attorneys take these cases on contingency. You can also file complaints with the CFPB (consumerfinance.gov) and your state attorney general.
Frequently Asked Questions
Does the FDCPA apply to original creditors?
No. The FDCPA only applies to third-party debt collectors and debt buyers. However, many states have their own laws that restrict original creditors. Check your state consumer protection statutes or consult a consumer rights attorney.
What is the statute of limitations on FDCPA claims?
You have one year from the date of the violation to file a lawsuit under the FDCPA. However, if the violations are ongoing (such as continued calls after a cease and desist), each new violation may restart the clock.
Can a collector call my cell phone?
Yes, but the Telephone Consumer Protection Act (TCPA) adds additional restrictions on automated calls and texts to cell phones. If a collector uses an autodialer or prerecorded message to call your cell, they may need your prior consent, and you can revoke that consent at any time.
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