What Debt Collectors Cannot Do: FDCPA Rights Guide

Debt collectors often use aggressive tactics to collect money. Some cross the line into illegal harassment.

You don’t have to tolerate threatening calls or abusive behavior. The Fair Debt Collection Practices Act (FDCPA) protects you from unethical collection practices.

Sued by a Debt Collector Who Broke the Law?

FDCPA violations strengthen your defense against debt collection lawsuits. Respond to your lawsuit properly and use illegal tactics as defenses to potentially win your case.

Respond to Lawsuit

Many collectors ignore these rules, hoping you don’t know your rights. Understanding what debt collectors cannot do helps you fight back and potentially win damages.

Debt Collectors Cannot Harass You

Harassment is strictly prohibited under federal law. Debt collectors cannot engage in these actions:

Threatening physical harm to you or your family
Threatening financial harm or property damage
Using obscene or profane language
Calling you repeatedly or excessively
Calling before 8:00 a.m. or after 9:00 p.m.
Calling you at your workplace

You have the right to demand they stop. Document every violation you experience.

Debt Collectors Cannot Impersonate Government Agents

Collectors cannot pretend to work for the IRS or FBI. They cannot claim they represent any government agency.

They also cannot falsely claim they work for credit reporting agencies. These impersonation tactics are illegal under the FDCPA.

Debt Collectors Cannot Threaten Arrest

Debt collectors cannot threaten you with arrest or jail time. They cannot claim you committed a crime.

Unpaid credit card debt, medical bills, or car loans are civil matters. Failing to pay these debts is not a criminal offense.

Collectors have no authority to issue arrest warrants. Anyone making such threats is breaking federal law.

Debt Collectors Cannot Publicly Shame You

Collectors cannot publish lists of people who owe debts. They cannot discuss your alleged debt with neighbors, coworkers, or friends.

They can only speak about the debt with you, your spouse, or your attorney. Public shaming tactics violate your privacy rights.

Debt Collectors Cannot Pursue Debts You Don’t Owe

Collectors often chase the wrong person for debts. Debts get sold and resold multiple times between collection agencies.

These transfers create administrative errors and identity mix-ups. Always verify you actually owe the debt.

Within five days of first contact, collectors must send written notice stating:

The exact amount you owe
The name of the original creditor
How to make payment

If you’re unsure about a debt, send a written dispute letter via certified mail. Request verification before you admit any responsibility.

If a collector has violated your rights and sued you, our partner Solo can help you respond and use these violations as defenses.

How to Respond When Collectors Violate the FDCPA

Document everything when dealing with debt collectors. Keep records of all calls, messages, and letters.

Note the date, time, and what was said during each contact. Save voicemails and take screenshots of texts.

Send a cease and desist letter if harassment continues. Demand they only contact you in writing going forward.

If you’re sued for a debt, you can use FDCPA violations as defenses. You may also have grounds for a counterclaim against the collector.

Your Rights Under the FDCPA

The FDCPA gives you powerful protections against abusive collectors:

Protection from harassment and threats
Protection from false arrest claims
Protection from impersonation of government officials
Right to verify debts before paying
Right to dispute incorrect debts
Right to sue collectors who violate the law

Collectors who break these rules can face fines and damages. You can recover up to $1,000 plus attorney fees.

What to Do If You’re Sued by a Debt Collector

Getting sued doesn’t mean you automatically lose. You have the right to defend yourself in court.

FDCPA violations strengthen your defense significantly. They may even lead to the case being dismissed.

You must respond to the lawsuit within the deadline stated on your summons. Missing this deadline results in automatic judgment against you.

Our partner Solo helps you draft a proper Answer to debt collection lawsuits. You can include FDCPA violations as affirmative defenses.

Never ignore a lawsuit, even if the collector violated the law. You still need to file a response.

Common Debt Collector Tricks to Watch For

Collectors use many deceptive tactics beyond obvious harassment. Watch for these common tricks:

False Urgency

Collectors create fake deadlines to pressure immediate payment. They claim legal action will happen within hours or days.

Real lawsuits follow specific legal timelines. Don’t let artificial urgency push you into bad decisions.

Payment Arrangements That Reset the Clock

Making even a small payment can restart the statute of limitations. Old debts become legally collectible again.

Verify the debt age before agreeing to any payment arrangement. Some debts are too old to legally collect.

Threats About Your Credit Report

Collectors threaten to report debts to credit bureaus if you don’t pay immediately. Many of these debts are already reported.

You have the right to dispute inaccurate credit report entries. Threats about credit reporting are often hollow.

Taking Action Against FDCPA Violations

You can sue debt collectors who violate the FDCPA. You have one year from the violation date to file.

Successful lawsuits can recover actual damages plus up to $1,000 in statutory damages. The collector must also pay your attorney fees.

File complaints with the Consumer Financial Protection Bureau (CFPB). Report violations to your state attorney general.

These agencies track patterns of abuse and can take enforcement action. Your complaint helps protect others from the same collector.

Frequently Asked Questions

What is the Fair Debt Collection Practices Act (FDCPA)?

The FDCPA is a federal law that protects consumers from abusive debt collection practices. It prohibits harassment, threats, false statements, and unfair tactics by debt collectors. Violations can result in lawsuits against collectors.

Can debt collectors call me at work or late at night?

No. Debt collectors cannot call you at work if they know your employer prohibits such calls. They also cannot call before 8:00 a.m. or after 9:00 p.m. in your time zone without your permission.

How do I verify if I actually owe a debt?

Within five days of first contact, collectors must send written notice stating the amount owed, the creditor's name, and payment instructions. You can dispute the debt in writing within 30 days and request verification before paying anything.

What should I do if a debt collector threatens to arrest me?

Document the threat immediately. Debt collectors cannot legally threaten arrest because unpaid consumer debts are not criminal matters. Report the violation to the CFPB and your state attorney general. You may also have grounds to sue the collector.

Can I sue a debt collector for FDCPA violations?

Yes. You have one year from the violation date to file a lawsuit. You can recover actual damages plus up to $1,000 in statutory damages per lawsuit. The collector must also pay your attorney fees if you win.

What Debt Collectors Cannot Do: FDCPA Rights Explained