The FDCPA is a federal law that applies to third-party collectors — agencies, debt buyers, collection law firms. It does not apply to your original creditor (your credit-card issuer, your hospital). State laws often extend similar protections to original creditors; check yours.
When collectors can contact you
- Between 8 a.m. and 9 p.m. in your local time zone.
- Not at work, once you've told them your employer doesn't allow such calls.
- Not by inconvenient method (e.g. they can't show up at your workplace).
- If you have an attorney for the debt and they know it, they must contact the attorney instead.
What collectors can't do
- Threaten violence, harm, or arrest.
- Use obscene language.
- Call repeatedly to harass.
- Discuss the debt with anyone other than you, your spouse, or your attorney (they can ask third parties for your contact info, once, without naming the debt).
- Misrepresent the debt — falsely claim to be a lawyer, falsely state an amount owed, falsely threaten action they can't or won't take.
- Try to collect fees, interest, or charges not authorized by the original contract or state law.
- Deposit a post-dated check before its date.
Your most useful tools
The validation letter
Within 30 days of a collector's first written contact, send a letter demanding validation. You're entitled to written proof of:
- The amount of the debt
- The name of the original creditor
- Evidence the collector has authority to collect
Collection activity must pause until they respond. Many never do — debt buyers often lack the paperwork to validate older accounts.
The cease and desist letter
A written letter telling the collector to stop contacting you forces them to stop — except to confirm they're stopping or notify you of suit. Send certified mail with return receipt. Important: this stops the calls; it does not eliminate the debt and it can make a lawsuit more likely.
What to do if a collector breaks the rules
Document everything. Date, time, who called, what was said. Then:
- File a complaint with the Consumer Financial Protection Bureau (consumerfinance.gov).
- File with the FTC (reportfraud.ftc.gov).
- File with your state Attorney General.
- Consider hiring a consumer-rights attorney. FDCPA violations carry up to $1,000 in statutory damages per case plus attorney fees, which means most consumer lawyers handle these on contingency.
How this fits with settlement
If you're enrolled in a settlement program, you can direct collectors to contact the program instead of you. That alone typically reduces calls dramatically, and it lets professional negotiators handle the conversation that produces the actual settlement.