Debt Collection Complaints: What Rights Do Consumers Have?
Federal law limits what debt collectors can do. Knowing your rights under the Fair Debt Collection Practices Act helps you protect yourself from abusive or illegal collection tactics.
Informational purposes only. This article is for general informational purposes only and is not legal advice. Laws vary by jurisdiction. If you need advice about your specific situation, consider speaking with a licensed attorney.
## Short Answer
The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from using abusive, deceptive, or unfair tactics. Violations of the FDCPA give consumers the right to sue for damages.
Who the FDCPA Covers
The FDCPA applies to third-party debt collectors — companies hired to collect debts owed to another business. It generally does not cover the original creditor collecting its own debt, though many states have similar laws that do cover original creditors.
What Debt Collectors Cannot Do
Call before 8 AM or after 9 PM your local time. Call your workplace if they know your employer prohibits it. Use obscene or profane language. Threaten violence or harm. Make false statements about who they are or the amount owed. Threaten legal action they do not actually intend to take. Report false information to credit bureaus. Discuss your debt with third parties other than your spouse or attorney.
What Debt Collectors Must Do
Identify themselves and the company they represent when you ask. Provide a written "validation notice" within five days of first contact, which includes the amount owed and the original creditor's name. Stop contacting you if you send a written request to cease communication (though they may still sue you).
How to Respond to Debt Collectors
Ask for written validation of the debt before paying anything. If the debt is not yours or the amount is wrong, dispute it in writing within 30 days of the first notice. Keep records of all communications — dates, times, what was said.
Filing a Complaint
Report violations to the CFPB at consumerfinance.gov/complaint. Report to the FTC at reportfraud.ftc.gov. File a complaint with your state attorney general. You may also sue in federal court within one year of the violation.
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*This article is for general informational purposes only and is not legal advice. Consult a licensed attorney for advice specific to your situation.*
Informational purposes only. This article is for general informational purposes only and is not legal advice. Laws vary by jurisdiction. If you need advice about your specific situation, consider speaking with a licensed attorney.