Federal Protections
Debt collectors have rules. Learn them.
The Fair Debt Collection Practices Act (FDCPA) is your shield. Most collectors count on you not knowing it exists. Every right below applies in all 50 states — your state may add even more.
FDCPA §809 · 15 U.S.C. §1692g
1. They must prove the debt is real — and yours
Within 5 days of first contacting you, a collector must send a validation notice with the amount, the creditor's name, and your rights. You have 30 days to dispute the debt in writing. Once you do, all collection must stop until they mail you verification. Many collectors — especially debt buyers who bought your account for pennies — can't produce the paperwork and simply drop the account.
Send a debt validation letter →FDCPA §805(c) · 15 U.S.C. §1692c(c)
2. You can order them to stop contacting you
Send a written cease-communication request and the collector may only contact you once more — to confirm receipt or tell you what they intend to do next (such as filing suit). This doesn't erase the debt, but it ends the harassment while you work your plan.
Send a cease-contact letter →FDCPA §806 · 15 U.S.C. §1692d
3. Harassment and abuse are illegal
No threats of violence, no obscene language, no publishing your name, no calls intended to annoy or harass. Under Regulation F, calling you more than 7 times in 7 days about one debt — or within 7 days of speaking with you — is presumed harassment.
FDCPA §807 · 15 U.S.C. §1692e
4. They cannot lie to you — about anything
Collectors can't misrepresent the amount you owe, pretend to be attorneys or government agents, threaten arrest, or threaten lawsuits they don't intend to file. Threatening to sue on a time-barred debt can itself be a violation.
FDCPA §808 · 15 U.S.C. §1692f
5. Unfair practices are prohibited
No collecting amounts not authorized by the contract or law, no post-dated check abuse, no deceptive envelope markings revealing you owe a debt. Fees and interest piled on without authority are challengeable.
FDCPA §805(a)–(b) · 15 U.S.C. §1692c
6. There are limits on when and where they call
No calls before 8 a.m. or after 9 p.m. your time. If you tell them your employer prohibits calls at work, they must stop calling you there. They can't discuss your debt with family, friends, or coworkers — only you, your spouse, or your attorney.
State statutes of limitations
7. Old debt may be legally unenforceable
Every state sets a deadline (3–10 years) for creditors to sue. After it passes, the debt is 'time-barred' — you can still be asked to pay, but you generally can't be successfully sued. Caution: in many states a small payment or written acknowledgment restarts the clock. Check your state before any contact.
Check your state's deadline →FDCPA §813 · 15 U.S.C. §1692k
8. You can sue collectors who break the rules
Violations entitle you to up to $1,000 in statutory damages plus actual damages, attorney fees, and costs — which is why consumer attorneys often take these cases free. Keep records of every call and letter; violations are also your strongest settlement leverage.
Find a consumer attorney →Important limits to know
- The FDCPA covers third-party collectors— agencies and debt buyers. Original creditors (the bank itself) aren't covered federally, but many states (California, Texas, Florida, Massachusetts, and others) extend similar rules to them. Check your state.
- Personal, family, and household debts only— credit cards, medical bills, auto loans, personal loans. Business debts aren't covered.
- Document everything. Date, time, caller name, what was said. Send letters by certified mail with return receipt. Your paper trail is your power.