Your Rights Under the FDCPA: What Collectors Cannot Do

Demand debt validation

Within 30 days of a collector's first contact, send a written 'debt validation letter' demanding proof of the debt, the original creditor, and the chain of ownership. Send it certified mail with return receipt. The collector must stop collection until they provide it.

Many third-party collectors cannot produce the underlying account agreement, billing history, or chain-of-title documents because the debt was sold multiple times and documentation was lost. When that happens, the collection often dies on the spot. Validation is the single most powerful FDCPA tool you have.

Limits on contact

Regulation F tightened the rules on how often and when a collector can reach you.

• No calls before 8 a.m. or after 9 p.m. local time.
• No more than 7 phone call attempts per debt in 7 consecutive days.
• No contact for 7 days after speaking with you about a specific debt.
• No calls at your workplace if your employer prohibits it (and you can simply tell them so).
• No contact through social media direct messages without an opt-out option.
• Email and text contact is permitted but must include an unsubscribe option.

What collectors cannot say

Collectors cannot threaten arrest, imply they are attorneys when they are not, threaten to sue if they have no intention of doing so, or discuss your debt with anyone other than your spouse or attorney. They cannot use profanity, repeated calls intended to harass, or any false statement about the debt amount, status, or legal consequences.

Calls implying jail time for unpaid consumer debt are always illegal. There is no debtor's prison in the United States for unsecured consumer debt. If a collector threatens jail, document the call and report it.

How to stop the calls

A written 'cease and desist' letter requires the collector to stop all communication except to confirm receipt or notify you of legal action. Send it certified mail and keep a copy. The collector can still sue but most do not, especially on smaller balances where litigation costs exceed the expected recovery.

If the debt is legitimate and within the statute of limitations, a cease and desist does not erase it. It only stops the calls. Use it strategically when you intend to either settle on your own terms or wait out the statute.

If a collector violates the law

You can sue under the FDCPA for actual damages plus up to $1,000 in statutory damages, plus attorney fees. File a complaint at consumerfinance.gov/complaint or with your state attorney general. Many state laws (California's Rosenthal Act, New York's General Business Law 600) provide additional remedies on top of federal law.

Most consumer rights attorneys take FDCPA cases on contingency because the statute provides for attorney fee recovery from the collector. Document every call: date, time, name of the rep, and what was said.