Key Takeaways

• The Fair Debt Collection Practices Act (FDCPA) is a federal law. It applies in every state to collection agencies, debt buyers and law firms that collect consumer debts.
• A collector that breaks the law can owe you your actual damages, up to $1,000 in additional statutory damages, and attorney’s fees and court costs.
• You generally have one year from the date of the violation to file an FDCPA claim.
• Pennsylvania, Maryland and Washington, D.C. have their own debt collection laws that can also reach the original creditor, not just a collection agency.
• Keep every letter, voicemail, text and call log. They are usually the proof.

What Does the Law Forbid Debt Collectors From Doing?

The FDCPA divides illegal collection conduct into four groups.

• Harassment and abuse. Calling over and over to annoy you, using obscene language, threatening violence, or calling without saying who is calling.
• False or misleading statements. Lying about how much you owe, pretending to be a lawyer or a government agency, saying you committed a crime, or threatening a lawsuit, arrest or wage garnishment that is not allowed or not intended.
• Unfair practices. Adding interest or fees your contract or state law does not allow, depositing a post-dated check early, or threatening to take property the collector has no right to take.
• Improper contact. Calling before 8 a.m. or after 9 p.m., calling you at work after you say your employer does not allow it, telling your family, neighbors or boss about your debt, or contacting you directly after they know you have a lawyer.

What Can You Recover?

If a debt collector violates the FDCPA, a court can award:

• Your actual damages, including money you lost and the stress, embarrassment and harm the conduct caused.
• Additional statutory damages of up to $1,000, even if you cannot show money lost.
• Attorney’s fees and court costs, as the court allows.

State law can add more. Maryland’s law allows damages for emotional distress. Pennsylvania’s law connects to its consumer protection statute. See the state pages below.

Who Counts as a Debt Collector?

The FDCPA covers collection agencies, companies that buy old debts, and lawyers and law firms that regularly collect consumer debts. It covers personal, family and household debts such as credit cards, medical bills, car loans, payday loans, utility bills and old apartment balances. It does not cover business debts.

The original creditor collecting its own debt is usually not covered by the federal law. Pennsylvania, Maryland and D.C. law can cover creditors too.

Common Debt Collection Problems We Handle

• The Fair Debt Collection Practices Act
• Stop Debt Collector Calls and Texts
• Debt Validation and Disputes
• Sued by a Debt Collector
• Collector Calling About a Debt You Don’t Owe

Debt Collection Laws by State

• Pennsylvania Debt Collection Laws
• New Jersey Debt Collection Laws
• New York Debt Collection Laws
• Maryland Debt Collection Laws
• Washington, D.C. Debt Collection Laws

What Should You Do Right Now?

• Do not ignore court papers. If you have been sued, there is a short deadline to respond.
• Write down every call: date, time, the number, the person’s name and what was said.
• Save every letter, envelope, text, email and voicemail.
• Do not pay or promise to pay a debt you do not recognize until it has been verified.
• Email msiddons@siddonslaw.com before the one-year deadline runs.

Can Bankruptcy Stop Debt Collectors?

Yes. Filing a bankruptcy case stops most collection calls, lawsuits and wage garnishments right away. If the debts are more than you can pay, read about Chapter 7 bankruptcy. An FDCPA claim and a bankruptcy can both be on the table, and the order matters, so ask before you file.

Frequently Asked Questions

How much is an FDCPA case worth?

It depends on what the collector did and how it affected you. The law allows your actual damages, up to $1,000 in additional statutory damages per case, and attorney’s fees and costs as the court allows. State law claims can add to that.

Do I have to pay a lawyer to bring an FDCPA case?

The first conversation is free. All fees and costs are set out in a written engagement letter before any work begins.

Is there a deadline to sue a debt collector?

Yes. A claim under the FDCPA generally must be filed within one year of the violation. State law claims can have different deadlines. Do not wait.

Does the FDCPA apply if I really owe the debt?

Yes. Owing the money does not give a collector the right to harass you, lie to you or break the rules. Many FDCPA cases involve debts the person does owe.

Can a debt collector call my family or my employer?

A collector may contact other people only to find out where you live or work, and usually only once. It may not tell them you owe a debt. It may not keep calling you at work after you tell it your employer does not allow those calls.

Will suing a debt collector hurt my credit?

No. Bringing a claim to enforce your rights does not go on your credit report.

Email Us About a Debt Collector

Email msiddons@siddonslaw.com with the name of the collector, what happened and when, and the state you live in. The first conversation is free. All fees and costs are set out in a written engagement letter. Attorney Michael A. Siddons represents consumers in Pennsylvania, New Jersey, New York, Maryland and Washington, D.C., and the firm has handled hundreds of Fair Debt Collection Practices Act cases.