Under the FDCPA, debt collectors cannot call before 8 AM or after 9 PM, cannot call your workplace if told to stop, cannot threaten violence or arrest, cannot use obscene language, cannot misrepresent the amount owed, and must stop contacting you if you send a written cease and desist letter. Violations carry damages of up to $1,000 per suit.
The Fair Debt Collection Practices Act (15 U.S.C. Sections 1692-1692p) provides comprehensive protections for consumers. Here are your key rights.
Communication Restrictions
- No calls before 8:00 AM or after 9:00 PM in your time zone
- No calls to your workplace if you tell them your employer disapproves
- No contact at unusual places or times known to be inconvenient
- Must stop all contact if you send a written cease and desist
- Cannot discuss your debt with third parties (neighbors, family, coworkers) except your spouse, attorney, or co-signer
Prohibited Conduct
- No threats of violence, criminal prosecution, or arrest for debt
- No obscene or profane language
- No misrepresentation of the amount owed or the collector's identity
- No adding unauthorized fees, interest, or charges
- No threatening actions they cannot legally take (such as garnishment without a judgment)
- No publishing your name on a "bad debtor" list
Your Right to Validation
Within 5 days of first contacting you, the collector must send a written notice stating the amount of the debt, the name of the creditor, and your right to dispute the debt within 30 days. If you dispute in writing within 30 days, the collector must provide verification before continuing collection.
Enforcement
You can sue a debt collector who violates the FDCPA and recover actual damages, statutory damages up to $1,000, and attorney fees. Many consumer attorneys take FDCPA cases on contingency.