What Debt Collectors Can and Can't Do (FDCPA Guide)

The Fair Debt Collection Practices Act exists to protect you

The FDCPA is a federal law that restricts what third-party debt collectors can do when trying to collect a debt. Most people in debt don't realize how much power they actually have. Here's the full breakdown.

What collectors CANNOT do

They cannot harass you

• Call you before 8am or after 9pm in your time zone
• Call your workplace if you've told them your employer doesn't allow it
• Use obscene or profane language
• Threaten violence or harm
• Call repeatedly to annoy or harass you
• Publish your name on a "bad debt" list (except to credit bureaus)

They cannot lie to you

• Claim to be attorneys or government officials when they're not
• Falsely claim you've committed a crime
• Misrepresent how much you owe
• Threaten to sue if they have no intention of suing
• Threaten wage garnishment without a court order

They cannot use unfair practices

• Collect more than you owe (including unauthorized fees)
• Deposit a post-dated check early
• Contact you after you've sent a written cease and desist
• Threaten to seize property they have no legal right to take

What collectors CAN do

To be fair, collectors do have some legal rights:

• Call you between 8am and 9pm
• Send you written notices about the debt
• Report the debt to credit bureaus
• File a lawsuit against you (within the statute of limitations)
• Contact you to inform you they're stopping collection efforts

What to say when a collector calls

Keep it short. You don't have to engage in a conversation.

1. "Please send me written validation of this debt." This is your right under FDCPA §809. They must provide it within 5 days of first contact.
2. "I'm recording this call." Check your state's recording laws first — some states require both parties to consent.
3. "Do not call me at this number again." Follow up in writing for legal protection.

How to document violations

If a collector violates the FDCPA, you may be entitled to up to $1,000 in statutory damages plus actual damages and attorney fees. Document everything:

• Save every voicemail
• Screenshot caller ID with timestamps
• Keep a log: date, time, what was said, who you spoke with
• Save all written correspondence

Then file a CFPB complaint and consider consulting a consumer rights attorney (many work on contingency for FDCPA cases).

Your 30-day validation window

Within 5 days of first contacting you, a collector must send written notice with the amount owed, the creditor's name, and your right to dispute. You have 30 days to request validation in writing. During that window, they must stop collection activity until they've provided proof.

Use our Debt Validation Letter Generator on CreditBoostTips to create this letter.