Key Takeaways

• The FDCPA applies to collection agencies, debt buyers and collection lawyers collecting personal, family or household debts.
• Collectors must send a validation notice telling you the amount owed, the creditor and how to dispute the debt.
• You can tell a collector in writing to stop contacting you, and it must stop, with limited exceptions.
• The Consumer Financial Protection Bureau’s Regulation F, in effect since November 30, 2021, adds detailed rules on calls, texts and emails.
• A collector that breaks the law can owe actual damages, up to $1,000 in statutory damages, and your attorney’s fees and costs.

Who Does the FDCPA Cover?

The law protects any person who is asked to pay a consumer debt, meaning a debt for personal, family or household purposes. It also protects people who are contacted by mistake about someone else’s debt.

It applies to “debt collectors”: companies whose main business is collecting debts, companies that regularly collect debts owed to someone else, debt buyers, and lawyers who regularly collect consumer debts. A creditor collecting its own debt under its own name is generally not covered by the federal law, but some state laws cover it.

What Must a Debt Collector Tell You?

• Within five days after first contacting you, the collector must send a written validation notice. It must state the amount of the debt, the name of the creditor, and that you have 30 days to dispute the debt.
• In its first communication, and in later ones, the collector must say it is a debt collector.
• If you dispute the debt in writing within the 30 days, the collector must stop collecting until it sends you verification.

When and How Can a Collector Contact You?

• Not before 8 a.m. or after 9 p.m. your local time, unless you agree.
• Not at work if the collector knows or has reason to know your employer does not allow it.
• Not directly once it knows a lawyer represents you on the debt.
• Not at all after you tell it in writing to stop, except to confirm it is stopping or to tell you about a specific step such as a lawsuit.
• Under Regulation F, a collector is presumed to be harassing you if it calls more than seven times within seven days about a debt, or calls within seven days after a phone conversation with you about it.
• Emails and texts must give you a simple way to opt out.

What Is Forbidden?

Section 1692d forbids harassment and abuse. Section 1692e forbids false, deceptive or misleading statements. Section 1692f forbids unfair practices, such as collecting amounts not allowed by your agreement or by law. Section 1692c limits who the collector may talk to and when. The list in each section is not complete. Conduct can break the law even if it is not listed.

What Can You Recover?

Under Section 1692k, a collector that violates the law is liable for your actual damages, additional damages of up to $1,000 as the court allows, and your costs and reasonable attorney’s fees. In a class action, the class can recover up to $500,000 or 1 percent of the collector’s net worth, whichever is less.

How Long Do You Have?

An FDCPA claim generally must be filed within one year from the date of the violation. The clock does not wait until you find out about it. Collect your records and contact a lawyer promptly.

Frequently Asked Questions

Does the FDCPA apply to medical debt?

Yes, when a debt collector is collecting it. Medical bills are consumer debts.

Does it apply to my original credit card company?

Usually not under the federal law, if the company is collecting its own debt in its own name. Pennsylvania, Maryland and D.C. law can cover original creditors.

Is a collection law firm covered?

Yes. Lawyers and law firms that regularly collect consumer debts are debt collectors under the FDCPA, including in the letters they send and the lawsuits they file.

Can I sue even if I owe the money?

Yes. The law regulates how a debt is collected, not only whether it is owed.

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.