Your rights when a debt collector contacts you

Who the law covers

The Fair Debt Collection Practices Act (FDCPA) is a federal law that applies to third-party debt collectors and to firms collecting debts they purchased. It generally does not cover an original creditor collecting its own debt in its own name — though many states have their own laws that do, and some are broader than the federal one.

They must tell you what the debt is

Within five days of first contacting you, a collector must send a validation notice stating the amount of the debt, the name of the creditor, and your right to dispute it. Under the Regulation F rules that took effect in 2021, that notice must also include an itemization of the debt and clear instructions for responding.

If you dispute the debt in writing within 30 days, the collector must stop collection activity until it mails you verification. This is one of the strongest tools you have, and it costs a stamp. Dispute in writing, and keep a copy.

Limits on when and how they contact you

• No calls before 8:00 a.m. or after 9:00 p.m. in your local time.
• Under Regulation F, a collector calling about one debt more than seven times in seven days, or within seven days of speaking with you about it, is presumed to be harassing you.
• They may not contact you at work once you tell them your employer prohibits it.
• If you are represented by an attorney, they must go through your attorney.
• They may contact third parties only to locate you — and generally may not reveal that you owe a debt.

What they may never do

• Threaten violence, use obscene language, or call repeatedly to annoy or abuse.
• Claim you will be arrested for the debt, or threaten legal action they cannot or will not take.
• Misrepresent the amount owed, or falsely imply they are an attorney or a government agency.
• Publish your name on a public list of people who refuse to pay.
• Collect any amount not authorized by your agreement or by law.

You can tell them to stop contacting you

Send a written request that they cease contact, and the collector must stop — except to confirm they are ending contact or to notify you of a specific action, such as a lawsuit. Send it so you have proof of delivery.

Worth knowing: stopping contact does not make the debt go away, and it does not stop a collector from suing. It stops the calls.

A caution about older debts

Every state sets a statute of limitations on how long a creditor has to sue over a debt. It varies widely. In some states, making a payment or acknowledging the debt in writing can restart that clock. Before paying anything on an old account, it is worth understanding your own state's rules — the consequences are specific and can be significant.

Keep records, and know where to complain

Write down dates, times, names, and what was said. Keep every letter. If a collector breaks the law, you can sue in state or federal court, generally within one year of the violation, and may recover damages plus attorney's fees. You can also file complaints with the Consumer Financial Protection Bureau, the Federal Trade Commission, and your state attorney general.

This is general information about how the law works, not legal advice. For advice about your specific situation, talk to a licensed attorney in your state.