Help › Legal & safety

FDCPA basics

The Fair Debt Collection Practices Act is the federal law that governs how debt collectors can pursue debts. Codified at 15 U.S.C. §1692 et seq.

A note on scope: FDCPA only applies to third-party collectors — the agency that bought or was assigned the debt. Original creditors collecting their own debts are governed by the FCRA and various state laws, not FDCPA. The line matters when deciding whom to push back at and on what grounds.

§809 — Validation of debts

When a collector first contacts you, you have 30 days to demand written validation that the debt is yours, in the amount claimed, and that they have the right to collect it. If they can't validate, they must stop collection — including stopping reporting it to the bureaus.

This is the cleanest tool against junk-debt buyers who acquired portfolios without supporting documentation.

§807 — False or misleading representations

Collectors can't:

• Misrepresent the amount, character, or legal status of the debt
• Imply they're attorneys when they're not, or that papers are legal process when they're not
• Threaten action they can't legally take or don't intend to take
• Communicate or threaten to communicate false credit information

Each of these is its own basis for a CFPB complaint and, if the behavior is documented, potential statutory damages under §813.

§806 — Harassment or abuse

Collectors can't:

• Use threats of violence, profanity, or obscene language
• Publish lists of consumers who refuse to pay
• Call repeatedly with intent to harass
• Place phone calls without disclosing identity

If a collector calls you 6 times in an afternoon, that's a §806 issue.

§808 — Unfair practices

Catch-all for behaviors that don't fit elsewhere:

• Collecting amounts not authorized by the agreement or law (added fees, interest beyond what's permitted)
• Depositing post-dated checks early
• Causing charges for communications by concealing their purpose

§805 — Communication restrictions

• No contact at unusual times (before 8 a.m., after 9 p.m. local).
• No contact at your workplace if the collector knows your employer prohibits it.
• Cease-and-desist letters work — once you tell a collector in writing to stop contacting you, they can only contact you to acknowledge they've stopped or to notify you of a specific action (e.g., suing).

What to do when a collector violates

1. Document. Save every call log, voicemail, letter, and email. FDCPA cases live and die on documentation.
2. Send the appropriate letter. Validation request, cease-and- desist, or dispute under §809 — depending on the violation.
3. File a CFPB complaint if the behavior continues: consumerfinance.gov/complaint. The CFPB forwards complaints to the collector and requires a response.
4. File with your state AG. Many states have stronger collector laws than FDCPA. See state law variations.
5. Consider an attorney. FDCPA awards statutory damages up to $1,000 per violation plus attorney's fees, which means consumer-protection attorneys often take cases on contingency. The National Association of Consumer Advocates directory.

For the FCRA — the parallel statute governing bureaus and furnishers — see FCRA basics.

Not legal advice

Overview, not legal advice. If a collector's behavior crossed the line, talk to a consumer-protection attorney before deciding how to respond.

Last updated 11 days ago.