Your Complete Guide to the FDCPA
The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers from abusive, deceptive, and unfair debt collection tactics. If a debt collector violates it, you may be entitled to $1,000 in statutory damages — no actual harm required.
What Is the FDCPA?
Enacted in 1977 and enforced by the Federal Trade Commission (FTC) and Consumer Financial Protection Bureau (CFPB), the FDCPA applies to third-party debt collectors — agencies hired to collect debts originally owed to someone else. It covers personal, family, and household debts including credit cards, medical bills, mortgages, and student loans (but not business debts).
Your Key Rights Under the FDCPA
Right to Validation
Within 5 days of first contact, collectors must send a written notice with the debt amount, creditor name, and your right to dispute. You have 30 days to request validation.
Right to Stop Contact
Send a cease and desist letter and the collector must stop contacting you — except to notify you of a specific action like a lawsuit.
Right to Dispute
You can dispute any debt within 30 days. The collector must stop collection until they verify the debt and mail you proof.
Right to Sue for Violations
You can sue a collector in federal or state court within 1 year of the violation. Damages can include $1,000 statutory + actual damages + attorney's fees.
What Collectors Are Prohibited From Doing
- Calling before 8 AM or after 9 PM in your time zone
- Calling you at work if told not to
- Using obscene, profane, or abusive language
- Threatening violence or harm
- Making false statements about who they are or the amount owed
- Threatening arrest or legal action they can't or won't take
- Publishing your name on a "bad debt" list
- Contacting you after receiving a written cease and desist
- Communicating with third parties (other than to locate you)
- Adding unauthorized fees or interest to the debt
Common FDCPA Violations We Detect
DebtDefend scans your collection letters for violations including missing validation notices, improper threat language, unauthorized fee additions, false representations, and more — using the same statute references consumer protection attorneys use.
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