Hearing from a debt collector is stressful, but collectors can’t do whatever they want. The federal Fair Debt Collection Practices Act (FDCPA) and the Consumer Financial Protection Bureau’s Regulation F set clear limits on when, how and how often third-party debt collectors can contact you. Here is what they can and can’t do, and what to do if they cross the line.
Who the FDCPA Covers
The FDCPA applies to third-party debt collectors: collection agencies, debt buyers and law firms that regularly collect consumer debts owed to someone else. It generally doesn’t apply to an original creditor collecting its own debt, although some state laws do. It covers personal, family and household debts such as credit cards, medical bills and personal loans, not business debts.
When Collectors Can Contact You
- Calling hours. Calls before 8 a.m. or after 9 p.m. your local time are presumed inconvenient. If another time is inconvenient for you, for example because you work nights, tell the collector.
- At work. A collector can’t keep contacting you at work if it knows your employer doesn’t allow it.
- If you have a lawyer. Once a collector knows an attorney represents you on the debt, it generally has to deal with your attorney instead of you.
The 7-in-7 Call Rule
Regulation F presumes a collector is harassing you if it calls about a particular debt more than seven times within seven days, or calls again within seven days after having a phone conversation with you about that debt. The limit applies to each debt, so someone with several debts in collection can still get more calls overall. Calls within the limit can still be illegal if the pattern is meant to annoy, abuse or harass you.
Texts, Emails and Social Media
Collectors can contact you electronically, but every email and text must include a simple way to opt out. They can’t message you on social media in a way the public or your friends can see.
What Collectors Can Never Do
- Threaten violence, arrest or jail over an unpaid consumer debt
- Use obscene or abusive language
- Lie about how much you owe, or pretend to be a lawyer or government official
- Threaten a lawsuit they can’t or don’t intend to file, including on debt that is too old to sue on
- Discuss your debt with your family, neighbors or employer (they may contact others only to find your contact information)
- Add fees or interest that your agreement or the law doesn’t allow
Your Right to Have the Debt Validated
Shortly after first contacting you, a collector must send a validation notice that shows the amount owed, the creditor and how to dispute the debt. If you dispute the debt in writing within the validation period, generally about 30 days, the collector must pause collection until it sends you verification. Disputing makes sense if you don’t recognize the debt, the amount looks wrong, or the debt may be too old. Learn more about the statute of limitations on debt.
How to Stop the Calls
- Say how you want to be contacted. You can tell a collector to stop using a specific channel, such as your cell phone, and it must comply.
- Send a written cease-communication request. Mail it certified with return receipt and keep a copy. After receiving it, the collector can only contact you to confirm it is stopping or to tell you about a specific step it is taking, such as filing a lawsuit.
- Keep records. Write down dates, times, names and what was said, and save voicemails, texts and letters.
Stopping contact doesn’t erase the debt. The collector or creditor can still sue, so it’s worth having a plan for the debt itself. Here is what to do if a debt collector sues you.
What to Do If a Collector Breaks the Law
You can file a complaint with the Consumer Financial Protection Bureau (CFPB), the Federal Trade Commission (FTC) and your state attorney general. You can also sue a collector that violates the FDCPA. Courts can award your actual damages, statutory damages of up to $1,000, and attorney’s fees and court costs. Many consumer attorneys take FDCPA cases without upfront fees because the law lets them recover fees from the collector.
Frequently Asked Questions
Can a debt collector call me at work?
Only if it doesn’t know your employer prohibits those calls. Once you tell the collector, it must stop.
Can a debt collector have me arrested?
No. You can’t be arrested for an unpaid consumer debt. Ignoring a court order is a different matter, so never ignore a summons or court date.
Does the FDCPA apply to the original creditor?
Generally no. It covers third-party collectors and debt buyers, though some state laws also apply to original creditors.
Will stopping the calls make my debt go away?
No. It stops the contact, not the debt. Resolving the debt, through a payment plan or a settlement, is what ends the problem for good.
Related reading: What to Do When Your Debt Is Sent to Collections · What Happens If I Just Ignore My Debt? · How to Talk to Your Creditors Without Stress
Get Help Resolving the Debt
If collectors are calling about debts you can’t pay in full, Alliance Settlement can review your situation and explain your options. Get a free consultation.
This article is general information, not legal advice. For advice about your situation, talk to a licensed attorney.
