The Fair Debt Collection Practices Act (FDCPA) protects consumers from abusive, unfair, and deceptive debt collection practices. It applies to third-party debt collectors (not original creditors in most cases).
14 steps across 2 sections
1. Steps Process
- Know when a collector contacts you — Within 5 days of first contact, the collector must send you a written validation notice with: the amount of the debt, the name of the creditor, and a statement ...
- Request debt validation — Within 30 days of receiving the validation notice, send a written request for debt validation via certified mail. The collector must stop collection activity until they pr...
- Verify the debt — Check if the debt is actually yours, the amount is correct, and it is not past the statute of limitations. Review your records and credit reports.
- Dispute if inaccurate — Send a written dispute letter via certified mail within 30 days. Once received, the collector must stop trying to collect until they send written verification.
- Send a cease and desist letter — If you want all contact to stop, send a written cease and desist letter via certified mail. After receiving it, the collector can only contact you to confirm they w...
- Document violations — If the collector violates the FDCPA (calling before 8am or after 9pm, using threats, discussing your debt with others, etc.), document each violation with dates, times, and de...
- File complaints — Report violations to the CFPB (1-855-411-2372 or consumerfinance.gov/complaint) and the FTC (1-877-FTC-HELP or ReportFraud.ftc.gov). Also file with your state attorney general.
- Sue for violations — You can sue a collector who violates the FDCPA within 1 year of the violation. You can recover: actual damages, up to $1,000 in statutory damages per case, and attorney fees an...
2. Key Details
- FDCPA applies to third-party collectors, not original creditors (some state laws cover original creditors)
- Collectors cannot: call before 8am or after 9pm, contact you at work if told not to, threaten violence, use profane language, call repeatedly to harass, discuss your debt with others, misrepresent ...
- Statute of limitations on debt varies by state (3-10 years) — once expired, collectors can still contact you but cannot sue
- "Zombie debt" (time-barred debt) — making a payment can restart the statute of limitations in some states
- Even if a collector violates the FDCPA, you may still owe the debt
- Debt collectors cannot add fees, interest, or charges not authorized by the original agreement or law
Common Mistakes
- Acknowledging the debt or making a partial payment on time-barred debt (may r...
- Ignoring collection letters and calls completely (respond strategically)
- Not sending dispute/validation requests within the 30-day window
- Providing personal financial information to collectors over the phone
- Not keeping copies of all correspondence
Pro Tips
- Always communicate with collectors in writing (certified mail with return rec...
- Record phone calls if you are in a one-party consent state
- The CFPB complaint process is very effective — companies must respond within ...
- Many FDCPA attorneys work on contingency or are paid by the collector's fees
- Check if your state has additional consumer protection laws (many provide str...