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Fair Debt Collection Practices Act

FDCPA violations list: what debt collectors can't do

The FDCPA and the CFPB's Regulation F set specific rules for debt collectors. If a collector breaks one, you may be able to sue, and the law makes the collector pay your attorney fees if you win. Here are the violations that come up most.

Who the FDCPA covers

The FDCPA covers third-party debt collectors: collection agencies, debt buyers, and law firms that regularly collect consumer debts. It usually doesn't cover the original lender collecting its own debt. Some state laws go further. The Texas Debt Collection Act, for example, also covers original creditors.

How and when they contact you

  1. Calling before 8 a.m. or after 9 p.m. your local time. (§ 1692c(a)(1))
  2. Calling too often. Under Regulation F, more than 7 calls in 7 days about a debt, or a call within 7 days after a phone conversation about it, is presumed to be harassment. (12 CFR § 1006.14)
  3. Contacting you at work when they know or have reason to know your employer doesn't allow it. (§ 1692c(a)(3))
  4. Contacting you directly when they know you have a lawyer for the debt. (§ 1692c(a)(2))
  5. Discussing your debt with other people, like family, neighbors, or coworkers. They may contact others only to find you, and can't say you owe a debt. (§§ 1692b, 1692c(b))
  6. Continuing after you tell them in writing to stop or that you refuse to pay, except to confirm they're stopping or to notify you of a specific action like a lawsuit. (§ 1692c(c))

What they say and do

  1. Harassment or abuse: threats of violence, obscene language, or calling repeatedly to annoy. (§ 1692d)
  2. Lying about who they are: pretending to be a lawyer, a government agency, or law enforcement. (§ 1692e)
  3. Misstating the debt: the wrong amount, or claiming it's legally owed when it isn't. (§ 1692e(2))
  4. Threatening things they can't or won't do: arrest, wage garnishment without a court judgment, or a lawsuit they don't intend to file. (§ 1692e(4)–(5))
  5. Reporting false credit information, including failing to report that a debt is disputed when they know it is. (§ 1692e(8))
  6. Collecting fees the agreement or law doesn't allow. (§ 1692f(1))
  7. Reporting to the credit bureaus before contacting you. Under Regulation F, a collector must first communicate with you about the debt. (12 CFR § 1006.30(a))

Proving the debt

  1. No validation notice. Within 5 days of first contacting you, a collector must send you the amount, the creditor, and your right to dispute. (§ 1692g(a))
  2. Collecting after a timely written dispute without verifying. If you dispute in writing during the validation period, collection has to stop until they send verification. (§ 1692g(b))
  3. Suing you in the wrong place. A collection lawsuit generally has to be filed where you live or where you signed the contract. (§ 1692i)
Keep a log

Date, time, number, who called, and what was said. Save voicemails and letters. A collector's own call records often confirm a violation, but only if you know when to look.

Three ways to get this fixed

Everything on this site you can do yourself, for free. If you'd rather have help, pick the path that fits.

Have it handled for you

BCR Consulting prepares and sends disputes on your behalf and tracks every deadline.

See BCR Consulting

Do it yourself, with software

The Deletion Machine walks you through disputes step by step and keeps your paper trail organized.

See The Deletion Machine

Talk to a consumer attorney

If a violation cost you a loan, a job, or an apartment, or it keeps happening, a consumer attorney can tell you what the claim is worth.

Find an attorney (NACA)

Not sure which? Tell us what happened.

Please don't include your Social Security number or full account numbers. Sending this doesn't create an attorney-client relationship; BCR Consulting is not a law firm.

More guides

Is the debt also showing up wrong on your credit report? See FCRAViolations.com for your rights under the Fair Credit Reporting Act.