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Your FDCPA Rights

The Fair Debt Collection Practices Act protects you from abusive, unfair, and deceptive debt collection practices. Here's what you need to know.

Quick Summary

  • What: Federal law (15 U.S.C. § 1692) regulating third-party debt collectors
  • Damages: Up to $1,000 per lawsuit + actual damages + attorney fees
  • Statute of Limitations: 1 year from the date of the violation
  • Key Point: The debt collector pays your attorney fees if you win (fee-shifting)

Who Is Covered by the FDCPA?

FDCPA Applies To:

  • Third-party collection agencies
  • Debt buyers who purchased your debt
  • Attorneys who regularly collect debts
  • Companies collecting on behalf of others

FDCPA Does NOT Apply To:

  • The original creditor (the company you owed)
  • Internal collection departments of the original creditor
  • Business debts (only consumer debts)

What Debt Collectors CANNOT Do

Harassment or Abuse

  • Use or threaten violence or harm
  • Use obscene or profane language
  • Call repeatedly to annoy or harass you
  • Call before 8:00 AM or after 9:00 PM (your local time)
  • Publish your name on a "bad debt" list

False or Misleading Statements

  • Lie about the amount you owe
  • Falsely claim to be an attorney or government representative
  • Threaten to sue when they have no intention or ability to do so
  • Threaten arrest or jail time (debt is civil, not criminal)
  • Claim you'll be arrested if you don't pay
  • Misrepresent that documents are legal forms when they aren't
  • Falsely claim to operate or work for a credit bureau

Unfair Practices

  • Collect more than you legally owe
  • Deposit a post-dated check early
  • Take or threaten to take your property without legal right
  • Contact you by postcard (must use sealed envelope)
  • Add unauthorized interest, fees, or charges

Third-Party Disclosure

  • Tell your family, friends, neighbors, or employer about your debt
  • Discuss your debt with anyone except you, your spouse, or your attorney
  • Contact third parties more than once to locate you
  • Call your workplace after you've told them not to

Your Rights Under the FDCPA

  • Right to Validation: Within 5 days of first contact, they must send you a written notice with the amount owed, creditor name, and your right to dispute.
  • Right to Dispute: You have 30 days to dispute the debt in writing. They must stop collection until they verify the debt.
  • Right to Stop Contact: You can send a written "cease communication" letter. They can only contact you to confirm they'll stop or notify you of legal action.
  • Right to Sue: You can sue the collector for FDCPA violations within 1 year. You can recover up to $1,000 in statutory damages plus actual damages and attorney fees.

What Can You Recover?

$1,000
Statutory Damages
Per lawsuit (not per violation)
Actual
Damages
Lost wages, emotional distress, etc.
$0
Attorney Fees
Collector pays if you win

Think Your Rights Were Violated?

Our free violation checker can help you identify potential FDCPA violations.

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