FDCPA Rights: 8 Things Debt Collectors Are Legally Prohibited From Doing

A collector calls at 7:15 in the morning. A few days later, they call your sister and tell her you owe money. Then someone on the phone says you could be arrested if you don't pay by Friday. Every one of those can be illegal under the Fair Debt Collection Practices Act (FDCPA) — and most people never find out.

Below are eight things the FDCPA and the CFPB's Regulation F say debt collectors can't do, with section numbers so you can look each one up yourself.

First: who the FDCPA covers

The law is narrower than most people think.

• Usually covered: collection agencies, many debt buyers, and law firms that regularly collect debts.
• Usually not covered: the original creditor collecting its own debt under its own name.
• Only personal debts: credit cards, medical bills, car loans, personal loans — not business debts (15 U.S.C. § 1692a(5)–(6)).

Your state may go further. California's Rosenthal Act, for example, applies many of these rules to original creditors. More on the difference.

1. Contacting you at inconvenient times or places

Collectors can't contact you at a time or place they know, or should know, is inconvenient. Unless they know otherwise, a convenient time is after 8 a.m. and before 9 p.m. — your local time (§ 1692c(a)(1)). If you tell them a time doesn't work, say because you work nights, that counts too.

They also can't call you at work if they know or have reason to know your employer doesn't allow it (§ 1692c(a)(3)). The easiest way to make sure they know: tell them on the call, then put it in writing.

2. Harassing you with repeated calls

Collectors can't call repeatedly with intent to annoy, abuse, or harass (§ 1692d(5)). Regulation F put a number on it: a collector is presumed to violate this rule if it calls you about a particular debt more than seven times in seven days, or calls within seven days after having a phone conversation with you about that debt (12 CFR § 1006.14(b)). Calls count even if you don't answer.

Two catches. The count is per debt, so a collector handling three of your accounts is measured differently. And it's a presumption, not an automatic win — though fewer calls can still be harassment in context. Log every call so you can measure against it.

3. Threatening violence or using abusive language

No threats of violence or other criminal means to harm you, your property, or your reputation, and no obscene or profane language (§ 1692d(1)–(2)). If a call goes there, write down the exact words and the time. "He said he'd come to my house" is far more useful later than "he was rude."

4. Threatening arrest or jail

Owing money on a consumer debt is not a crime. A collector can't falsely say you'll be arrested or that you've committed a crime (§ 1692e(4), (7)).

5. Threatening things they can't or won't do

Collectors can't threaten action that isn't legal or that they don't intend to take (§ 1692e(5)). "We're filing a lawsuit Friday" can be a violation if they have no real intention of suing. "We'll garnish your wages next week" is misleading for an ordinary consumer debt, because a collector generally has to sue you and win a judgment first.

Every state also has a deadline for suing over a debt — the statute of limitations. Once it passes, the debt is "time-barred," and under Regulation F a debt collector can't sue or threaten to sue over it (12 CFR § 1006.26(b)). They can still ask you to pay. Be careful: in some states, even a small payment can restart that clock. How time-barred debt works.

6. Lying about the debt or about who they are

Collectors can't misstate the amount or character of the debt, add interest or fees your agreement or the law doesn't allow, pretend to be a lawyer, or imply they're from the government or a credit bureau (§ 1692e(1), (2)(A), (3), (16); § 1692f(1)).

This is where the validation notice helps. Within five days of first contacting you, a collector must send a written notice showing the amount, the creditor, and how to dispute (§ 1692g(a)). If the number doesn't match what you think you owe — or what they said on the phone — write that down. Dispute in writing within the window on the notice, and they must stop collecting until they send verification (§ 1692g(b)). How to write that letter.

7. Telling other people about your debt

A collector may contact someone else — a relative, neighbor, or coworker — only to find your address, home phone, or workplace. They can't say you owe a debt, and they're generally limited to one contact per person (§ 1692b). The people they can discuss your debt with are you, your spouse, your attorney, the creditor, credit bureaus, and a few others the law lists, plus anyone you give permission (§ 1692c(b), (d)).

If a collector told a family member about your debt, ask that person to write down what was said and when. Full rules for employers and family.

8. Contacting you after you tell them in writing to stop

Send a letter saying you want them to stop communicating, or that you refuse to pay, and once they receive it they must stop contacting you about that debt — except to say they're ending collection, or to tell you they may or will take a specific action like filing a lawsuit (§ 1692c(c)).

A cease letter stops the contact. It doesn't erase the debt, stop a lawsuit, or change your credit report. When to send one — and when not to yet.

One related rule: if a collector knows a lawyer represents you on the debt, it generally has to deal with your lawyer instead of you (§ 1692c(a)(2)).

If a collector broke these rules

Free toolCollector Call LogA printable log for documenting every contact.