Debt collector broke the rules? You can get up to $1,000 plus damages (FDCPA)
Calls before 8 a.m., threats, contacting your employer, collecting a debt you don't owe or that's past the statute of limitations: the Fair Debt Collection Practices Act pays up to $1,000 in statutory damages plus actual damages and attorney's fees, which is why consumer lawyers take these cases for free. The violations, how to document them, the debt validation letter, and how to stop the calls.
- The FDCPA applies to third-party collectors and debt buyers (not the original creditor collecting its own debt, though many states extend similar rules).
- Common violations: calling before 8 a.m. or after 9 p.m., more than 7 calls in 7 days, calling after you asked them to stop in writing, contacting your employer or family about the debt, threatening arrest or lawsuits they don't intend to file, collecting the wrong amount, failing to send the validation notice, or collecting time-barred debt as if it were enforceable.
- You can sue within one year of the violation for actual damages + up to $1,000 statutory damages + attorney's fees. Consumer attorneys take these on contingency because the collector pays their fees.
- Also file with the CFPB and your state attorney general; collectors often settle or drop the debt.
- Always send a debt validation request within 30 days of the first notice: they must stop collecting until they verify.
What counts as a violation
Harassment or abuse: repeated calls meant to annoy, obscene language, threats of violence, publishing your name as a debtor.
False or misleading statements: pretending to be a lawyer or government agency, saying you'll be arrested, inflating the amount, claiming a lawsuit was filed when it wasn't, misrepresenting that a time-barred debt is legally enforceable.
Unfair practices: adding interest or fees not allowed by the contract or state law, depositing a post-dated check early, contacting you by postcard.
Communication rules (Regulation F, 2021): no more than 7 call attempts in 7 days per debt; no calls within 7 days after a conversation; no calls at inconvenient times (8 a.m.–9 p.m. is the presumed window) or at work if they know the employer prohibits it; must honor an opt-out on texts and emails; can't post on your social media publicly.
Validation: within 5 days of first contact they must send a notice with the amount, the creditor, an itemization date, and your right to dispute in 30 days. If you dispute in writing in that window, collection stops until they mail verification.
Third parties: they may only contact others to locate you, once, without mentioning the debt.
Document everything
- A call log: date, time, number, who called, what was said. Screenshot call history.
- Save voicemails, texts, emails, letters. Don't delete anything.
- Record calls only if your state allows one-party consent (most do; California, Florida, Illinois, Maryland, Massachusetts, Pennsylvania, Washington and a few others require all parties' consent).
- Keep the validation notice and the envelope.
What to do, step by step
- Send a validation request (certified mail) within 30 days of the first notice: "I dispute this debt and request validation, including the original creditor, the amount, and the basis for it." They must stop until they respond.
- If you want no contact, send a cease communication letter: they may only contact you once more to say they're stopping or suing. Keep in mind this doesn't make the debt go away.
- Log every violation using the list above.
- File complaints: CFPB (consumerfinance.gov/complaint) and your state AG. Collectors respond within 15 days to CFPB complaints and frequently close the account.
- Talk to a consumer attorney (search NACA, the National Association of Consumer Advocates). Free consultations; they're paid by the collector when you win. Even one clear violation (a call after a written cease request) supports a claim.
- Small claims is an option if you can't find a lawyer: statutory damages up to $1,000 plus your actual damages (lost wages, emotional distress, phone costs).
The statute of limitations trap
Debts have a state limitations period (3–6 years typically, up to 10–15 in a few states) after which the collector can't sue. Collectors still try to collect and may try to get you to make a small payment, which in many states restarts the clock. Never pay or acknowledge a debt in writing until you've checked the date of last activity and your state's limit. Collectors that sue or threaten to sue on time-barred debt violate the FDCPA.
FAQ
The collector is the original creditor (my bank or hospital)
The FDCPA doesn't apply, but many state laws (California's Rosenthal Act, Texas, Florida, Massachusetts) cover original creditors. The CFPB still takes complaints.
They called my mother and told her about my debt
Clear violation (disclosure to a third party). Get her written account of the call.
I don't recognize the debt at all
Validate it. Identity theft or mixed-up files are common. If it's not yours, dispute with the collector and the credit bureaus, and report at IdentityTheft.gov.
Can they take my Social Security or wages?
Federal benefits are protected from most garnishment. Wages can only be garnished after a court judgment, with federal and state limits.