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Debt collectors have to follow specific rules — here is what they can and cannot do, and what you can do when they cross the line.

If a debt collector is calling you, sending letters, or contacting you by text, email, or social media, federal law gives you significant control over how, when, and whether that contact continues. The Fair Debt Collection Practices Act (FDCPA) — enforced by the Consumer Financial Protection Bureau and the Federal Trade Commission — sets the ground rules for third-party collectors and gives you legal remedies, including the right to sue, when those rules are broken.

This page covers the federal rules in plain terms: how collectors can contact you, what they must tell you, what they are prohibited from doing, how to stop contact, how to dispute a debt, what to do if the debt is old, and how to take action when a collector violates the law.

Note that the FDCPA applies to third-party debt collectors and debt buyers — not always to the original creditor collecting its own debt directly. If you are dealing with medical debt specifically, there are additional protections covered at medical debt collection regulations and laws.

How collectors can contact you — and when they cannot

Collectors can reach you by phone, mail, email, text message, and private social media message. What they cannot do is contact you at times or places that are inconvenient. The baseline rule is no calls before 8 a.m. or after 9 p.m. in your time zone, unless you have agreed to it. They cannot contact you at your workplace if you tell them your employer does not allow it, or if the collector has reason to know that already.

On social media, the rules have specific guardrails added under Regulation F. Messages must be private — not public posts on your profile or wall. The collector must identify themselves as a debt collector, and they must give you a clear way to opt out of social media contact entirely. If you tell them to stop using social media and use a different method, they must comply.

 

 

 

If a collector calls you about a specific debt more than seven times in a seven-day period, or calls you within seven days after you had a phone conversation about that debt, federal rules presume that pattern constitutes harassment. That threshold gives you concrete grounds for a complaint or lawsuit. If calls are coming in at that frequency, start logging them — date, time, and whether you answered.

If you have hired an attorney, the collector must direct all contact to your attorney, not to you. This applies even if you are using a legal aid lawyer for help. When a collector needs to locate you — find your address or employer — they can contact third parties once for that limited purpose, but they cannot tell those people you owe a debt or discuss any details of your account.

What a collector must tell you

Within five days of first contacting you, the collector must send a written validation notice. It must state the amount of the debt, the name of the creditor you originally owed, and an explanation that you have 30 days to dispute the debt in writing. Under Regulation F, the notice must also include an itemization date — either the charge-off date, last payment date, last statement date, transaction date, or judgment date — so you can verify the account history.

The CFPB has published a model validation notice that many collectors now use. If you receive one that does not include the basic required information, that alone may constitute a violation worth disputing and reporting.

If you dispute the debt in writing within 30 days of receiving the validation notice, the collector must stop all collection activity — calls, letters, credit reporting updates — until they send you written verification of the debt. Keep a copy of your dispute letter and send it by certified mail with return receipt so you have proof it was received.

How to stop a collector from contacting you

You can stop a debt collector from contacting you entirely by sending a written cease communication letter by certified mail. Once the collector receives your letter, the FDCPA limits their contact to two situations only: notifying you that collection efforts are ending, or notifying you of a specific legal action they intend to take such as filing a lawsuit.

Sending a cease communication letter does not make the debt go away — the collector can still sue you for a valid debt — but it stops the calls and letters while you figure out your options. If the collector continues contacting you after receiving your letter, each contact is a separate FDCPA violation and strengthens any legal claim you may have.

 

 

 

Put your instructions in writing for other contact preferences too. If you want calls only at certain times, or want contact only by mail, tell them in writing. If you want payments applied to a specific account when you owe the same creditor on multiple accounts, state that in writing as well. Collectors cannot redirect your payment to a disputed account against your written instructions.

What collectors are prohibited from doing

The FDCPA bans a specific and fairly extensive list of practices. In plain terms, collectors cannot threaten violence or use obscene language. They cannot lie about who they are — they cannot claim to be government agencies, attorneys, or law enforcement. They cannot misrepresent the amount you owe or the legal status of the debt. They cannot threaten legal action they do not intend to take or are not legally allowed to take.

They cannot say they will garnish your wages or seize your property unless that action is actually lawful in your state and they genuinely intend to pursue it. They cannot publish your name as a non-payer. They cannot send mail designed to look like court documents, legal notices, or government correspondence when it is not. They cannot deposit a post-dated check before the date on it.

On voicemail, Regulation F allows collectors to leave what are called limited-content messages — a brief message that includes a business name that does not reveal it is a collection company, a callback number, and a contact name. If they include more than that, the message becomes a full "communication" under the FDCPA and is subject to all the disclosure requirements. If a voicemail identifies your debt or the nature of the call, it must comply with those requirements.

What to do if the debt is old — the statute of limitations

Every type of debt has a statute of limitations — a window of time during which a collector can sue you in court to collect. After that window closes, the debt is considered time-barred. Federal rules prohibit collectors from suing or threatening to sue on a time-barred debt. In most states they may still ask you to pay, but they cannot take legal action.

BE AWARE: The critical trap: in most states, making any payment on a time-barred debt — even a small one to show good faith — restarts the statute of limitations clock and makes the debt legally collectable again through the courts. Before making any payment on old debt, confirm whether it is time-barred in your state. Your state attorney general's office, a nonprofit credit counselor, or a legal aid attorney can tell you the applicable timeframe for your debt type and state.

If a collector is threatening to sue on old debt, do not make a payment and do not make a written promise to pay until you have confirmed the debt's legal status. More on statutes of limitations for credit card debt.

 

 

 

 

 

 

What you can do if a collector violates the law

If a debt collector violates the FDCPA, you have the right to sue them in state or federal court within one year of the violation. If you win, you may recover your actual damages — any real financial harm caused by the violation — plus up to $1,000 in additional statutory damages, plus your attorney fees and court costs. Because attorney fees are recoverable, many consumer attorneys take FDCPA cases on contingency, meaning no upfront cost to you. Free legal aid attorneys in most states also take these cases.

Class action lawsuits are also an option when a collector's illegal practice has affected many people. A class action can recover up to $500,000 or one percent of the collector's net worth, whichever is less, distributed among all affected parties.

To build your case, save everything — every letter, envelope, voicemail, text, email, and call log with dates and times. If calls continue after a cease communication letter, or if the collector ignores your written dispute, document each instance. The pattern matters as much as any single violation.

You can also file a complaint without suing. The CFPB complaint portal at https://www.consumerfinance.gov/complaint/ routes your complaint to the company and requires a response, typically within 15 days. The CFPB tracks complaint patterns and uses them in enforcement actions. You can also call CFPB at 855-411-2372. The FTC accepts reports at https://reportfraud.ftc.gov/. Your state attorney general's office may take action under state law and often operates a consumer complaint hotline.

State laws

Many states add protections beyond the federal FDCPA — requiring collectors to be licensed, capping fees, mandating specific disclosures on time-barred debts, or restricting contact methods. California enforces the Rosenthal Fair Debt Collection Practices Act, which applies to original creditors as well as third-party collectors. Other states have similar expansions.

The most reliable resource for current rules in your state is your state attorney general's consumer protection office (see the link to a nationwide directory at https://www.naag.org/our-work/center-for-consumer-protection/consumer-file-a-complaint/). Most publish free online guidance on debt collection rights and operate complaint lines for violations.

Payday loan collectors

Payday lenders have additional state-specific rules for collection practices in most states. Many states have enacted specific regulations governing how payday lenders can pursue repayment and what they can charge. Find the specifics for your state at state payday loan laws.

 

 

 

Getting broader help with the underlying debt

Stopping a collector from harassing you is different from resolving the debt itself. If you need help addressing the balance — lowering interest, consolidating multiple debts, or setting up a manageable repayment plan — a nonprofit credit counseling agency can review your full financial picture and help you build a plan. Get more details about free or low-cost nonprofit credit and debt counseling agencies.

Moderated Community Forum / Feedback

And also know you are not alone! Millions of people from across the country are in debt and/or go into debt from time to time. It can be with credit cards, medical or something else. If you want tips from other people, have questions or to discuss, or read about other people’s challenges, use our community forum about debt collectors. the forum has moderated posts from people across the country sharing their experiences and resources.

This page provides general educational information about federal debt collection laws. State laws vary and change over time. This is not legal advice. For guidance on your specific situation, contact a nonprofit credit counselor, a free legal aid organization, or your state attorney general's consumer protection office.

 

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