What Is the Fair Debt Collection Practices Act - FDCPA?

People you owe money have a right to collect what's owed to them. But they have to play by the rules. That's where the Fair Debt Collection Practices Act (FDCPA) comes in.

The FDCPA helps keep you safe from being harassed and treated unfairly. If you're contacted by debt collectors, know your rights, and what they mean for you.

What Is the Fair Debt Collection Practices Act?

The Fair Debt Collection Practices Act is a set of federal rules that keeps debt collectors in check. The FDCPA spells out exactly what debt collectors can and can’t do while trying to collect certain types of debt.

In short, the FDCPA is there to protect all of us from abusive, unfair, or deceptive practices. It applies to a range of entities, including:

• Debt collection agencies

• Debt buyers

• Debt-collection attorneys

• Third-party companies that purchase past-due debts

The FDCPA, along with the Fair Credit Reporting Act (FCRA) and the Fair Credit Billing Act (FCBA), is meant to protect your interests when you have debt. 

Who is regulated by the FDCPA?

The FDCPA regulates third-party debt collectors. These are companies and law firms that regularly collect debts owed. It also includes debt buyers who purchase delinquent (overdue) accounts, then try to collect. 

Who isn't regulated by the FDCPA: Original creditors (for example, the bank you opened your credit card with) are generally not covered by the FDCPA. 

The FDCPA applies only to debts for personal, family, or household purposes (not business debts). The CFPB is the main federal agency that writes rules and enforces the FDCPA.

Key protections

Key protections include:

• Limits on when and where a collector may contact you

• A ban on harassment, abusive language, and deceptive statements

• Rules for contacting other people about your whereabouts

• Your right to receive written validation information about a debt

• Your right to dispute a debt 

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History and Background of the FDCPA

Congress enacted the Fair Debt Collection Practices Act (FDCPA) in 1977 after finding widespread abusive, deceptive, and unfair debt collection practices. These practices harmed people who owed money, and honest debt collectors. 

The law’s goals are to stop abuse and to make sure collectors who follow the rules aren’t at a disadvantage. It also encourages states to enforce the rules consistently.

The FDCPA took effect about six months after it passed, and has since been updated. In 2010, the Dodd‑Frank Act (a major financial reform law) put the Consumer Financial Protection Bureau (CFPB) in charge of most FDCPA rules and enforcement.

In 2020-2021, the CFPB issued Regulation F, which explains how the FDCPA applies to modern communication like email, text, and private social media messages. These rules set clear limits to reduce harassment or deception and help you get plain‑language information about a debt.

Today, the FDCPA works alongside other consumer protection laws, including the Fair Credit Reporting Act (FCRA) and state UDAP laws (unfair or deceptive acts and practices). Together, they set a nationwide baseline for fair collection.

What Is the Purpose of the FDCPA?

The FDCPA exists to enforce limits on debt collectors. Without these rules, debt collectors would have free rein to use deceptive or unfair tactics to get consumers like you to pay debts.

The FDCPA lays out clear guidelines for when and how debt collectors can pursue debts. Here’s what’s okay and what’s not:

• When can debt collectors contact you? A debt collector generally can't contact you at a time or place that's unusual, or is known to be inconvenient to you. (You get to be the one to tell them what’s inconvenient for you.) They also can't contact you before 8 AM or after 9 PM

• Can debt collectors call other people to try to reach you? They can’t call you at work if they know you’re not allowed to take calls there. They can reach out to other people, but only to find out how to get in touch with you. They can only discuss your debt with you, your spouse, your parents (if you're a minor), your guardian or executor, or your attorney. Is harassment off-limits? Debt collectors can’t harass you or anyone else about a debt. That includes spamming you with calls, texts, or emails.

• What if you have a lawyer? If a debt collector knows you have a lawyer for debt collection purposes, they have to stop calling you and talk to your lawyer instead.

Debt collectors can't continue contacting you if you formally request that they stop calling or writing to you. They also can't offer misleading information to try to trick you into paying. For example, a debt collector can't tell you they're going to sue you unless they actually plan to do so. They also can't slap you with unfair fees or fines related to unpaid debt.

Key Definitions Under the FDCPA

Understanding a few legal terms makes the FDCPA easier to use.

Consumer: An individual person (not a business) who owes, or is said to owe, a personal debt. FDCPA protections are for people, not businesses.

Debt: Money you owe for personal, family, or household reasons. Examples: credit cards, car loans, medical bills, personal loans. (Business debts don’t count here.)

Debt collector: A company, law firm, or debt buyer that regularly collects debts owed to someone else. Debt buyers (companies that purchase old debts) are usually covered, too.

Creditor vs. debt collector: A creditor is the business you originally owe. A debt collector collects for the creditor (or on debts it bought from the creditor or other collectors). The FDCPA mostly covers debt collectors, not original creditors collecting their own accounts.

Communication: Any way of sending information about a debt—phone, mail, email, text, or private social media. Regulation F requires a simple opt‑out for emails or texts.

These definitions matter because the rules and rights in the FDCPA hinge on whether a person is a covered debt collector, and whether the account is a consumer debt.

What Debts Are Covered by the FDCPA?

The FDCPA applies to specific kinds of debt, like:

• Mortgage loans

• Credit card debt

• Medical bills

• Other personal debts, like personal loans

If you fall behind on any of these, debt collectors have the right to contact you about the balance. Note: If a collection effort relates to credit cards, you may also want to explore our debt relief program and how debt settlement works.

What Debts Aren't Covered by the FDCPA? 

The FDCPA doesn’t apply to:

• Business debts

• Collection efforts by the original lender 

If you take out a $100,000 loan to start a small business but the business fails, you can’t use the FDCPA as a shield against debt collection. Nor can you use the FDCPA as a shield against the original lender. Business debt and the original lender aren’t covered.

What Is an FDCPA Violation?

There are certain things debt collectors can't do under the FDCPA. Debt collectors may be guilty of FDCPA violations for any of the following:

• Failing to validate debts in a timely manner if a consumer requests debt validation. 

• Falsely representing who they are or who they work for. 

• Implying that they are lawyers, or that they work for an attorney when they do not.

• Communicating false information regarding a debt. 

• Using threatening language or being verbally abusive.

• Threatening consumers with physical harm.

• Collecting interest or fees that aren't authorized by law. 

• Threatening to sue or repossess property if they have no intention of doing so.

• Depositing or threatening to deposit a post-dated check before the date marked on the check. 

• Using any type of deceptive means to collect a debt.

• Contacting someone about a debt via postcard.

If you think a debt collector has violated your rights under the FDCPA, you have the right to fight back. Specifically, you're allowed to sue the debt collector for damages.

Under FDCPA rules, debt collectors can be on the hook for:

• Any actual damages you sustain as the result of a violation

• Punitive damages of up to $1,000

• Attorney's fees or court costs you had to pay to file the lawsuit

The only way for a debt collector to escape liability is to show that a violation wasn't intentional, was a bona fide error, or that they acted on an advisory opinion of the Federal Trade Commission (FTC) in good faith. Otherwise, the court could order them to pay you for the violation.

If you're being harassed or think your rights have been violated, document it. Having supporting documents could help bolster your case if you sue a debt collector for an FDCPA violation.

Common FDCPA violations

FDCPA violations fall into several buckets. Below are common examples.

Harassment or abuse. Collectors may not harass, oppress, or abuse you. Examples: repeated calls meant to annoy; obscene or profane language; threats of violence or harm. These rules apply to phone, mail, email, text, and private social media.

False, deceptive, or misleading representations. Collectors may not lie about who they are, how much you owe, whether they are connected to the government, or whether papers are legal documents. They can’t say you committed a crime, that you’ll be arrested, or that they’re attorneys if they’re not. Using a fake name or pretending to be a credit reporting agency is also banned.

Unfair practices. Collectors can’t add fees or interest unless your agreement or the law allows it. They can’t deposit a post-dated check early or send postcards about your debt.

Communication rules. Collectors generally may not contact you before 8 a.m. or after 9 p.m. (your time) or at work if they know you can’t take personal calls. They may contact others only to find you, and can’t discuss your debt. On social media, they may send private messages only, and must offer a simple opt‑out. If you have an attorney, they must contact the attorney, not you.

Validation and dispute failures. Within five days of first contact, collectors must send a written notice with the amount, the creditor’s name, and an explanation of your 30‑day right to dispute. If you dispute in writing within 30 days, collection must pause until they verify the debt and mail that verification to you.

Your Rights When Contacted by Debt Collectors

When an FDCPA-covered debt collector contacts you about a debt:

Time and place limits. They generally can’t contact you before 8 a.m. or after 9 p.m., or at a time/place they know is inconvenient to you (for example, when you typically sleep). Tell them what’s inconvenient; once they know, they must respect it.

Workplace contact. If the collector knows your employer doesn’t allow personal calls, they may not contact you at work. If contacted there, say you’re not allowed to receive personal calls, and note the date/time.

Limits on contacting others. Collectors can contact others only to locate you and generally just once. They cannot discuss your debt with friends or family (exceptions: your spouse, parents if you’re a minor, or a guardian or executor).

Attorney representation. If you have an attorney about the debt and the collector can easily find their contact info, the collector must contact your attorney—not you.

Social media and electronic messages. Collectors cannot publicly post about your debt. They may send private messages, emails, or texts, but must clearly identify themselves as debt collectors and provide a simple way to opt out of that communication channel.

If you feel overwhelmed, explore options to resolve the account, such as consolidation, a debt management plan, or debt settlement. If you’re struggling across several accounts, our What Is Debt Relief guide explains common strategies and trade-offs.

The Debt Validation Process

What a debt validation notice must include: Within five days of the first communication (unless already provided), the collector must send a written debt validation notice stating: 

• The amount of the debt

• The name of the creditor

• That you have 30 days after receiving the notice to dispute the debt

If you dispute in writing within 30 days, the collector must obtain verification (or a copy of any judgment) and mail it to you. Upon written request within 30 days, the collector also must provide the name and address of the original creditor.

How to request validation. Send a short letter or email within 30 days saying you dispute the debt (or part of it) and request verification. Keep copies, and consider using certified mail. Once you dispute in writing, collection activity must pause until verification is mailed to you.

What happens next? If the collector verifies and resumes collection, review the details. If the information is wrong—or the debt isn’t yours—consider filing a complaint with the CFPB and your state attorney general. You may also explore solutions to deal with the underlying balance, including credit card debt relief if the account is a credit card.

Document Your Communications with Debt Collectors 

When debt collectors contact you, make a record. Use letters or emails instead of phone calls to document the details. If you talk on the phone, write down the date, the person’s name, and what you talked about. If you can, record the call (recording laws and notification requirements vary by state).

• Why you should keep records. Having proof makes your case stronger if you take a debt collector to court for breaking the FDCPA. Some collectors back off when they realize you know your rights and have the documentation to support your case.

• Debt collectors are tough to receive compensation from. The government received nearly 110,000 debt collection complaints in 2023. Of those complaints, less than 1% were closed with some monetary relief for the borrower.

How to Stop Debt Collectors from Bothering You

You can stop debt collectors from contacting you by formally requesting they stop. You could send a cease-and-desist letter to debt collectors, file a complaint with the Consumer Financial Protection Bureau (CFPB), or seek debt relief to stop debt collectors from calling you.

Send a letter to debt collectors

If you want debt collectors to stop calling, you must ask them to do so in writing. This request is called a cease-and-desist letter. Note that if you tell a debt collector to stop calling you, they may have no choice but to sue you in order to collect. If they can’t contact you, it’s hard to work out an agreement to resolve the debt. If you want to keep the lines of communication open, a cease-and-desist letter might not be the best move to make.

After you’ve told them to stop calling, debt collectors can still reach out for a few things, like:

• To confirm they’re done contacting you

• To let you know they might take legal action

• To say they are definitely taking legal action

For example, a debt collector might stop calling regularly, but later send a letter saying they’re taking you to court for your debt. 

Send a complaint to the CFPB

If you think debt collectors have gotten the wrong person—which does happen—contact the CFPB. More than half the complaints in 2023 were about collectors trying to collect debts not owed.

You can send a complaint through the CFPB website.

The CFPB handles almost all the complaints it receives. More than half of the complaints (63%) were sent to debt collectors for their response in 2023, and nearly all companies responded. 

Consider legal action

Let debt collectors know you might take them to court if they’re violating FDCPA rules. If they think you have a valid case, they might give up rather than dealing with court costs or payouts.

Seek debt relief

If you've already fallen behind, you might look into credit debt relief instead. Debt relief refers to different solutions for managing debt, and can include:

• Debt consolidation. Combining debts with a debt consolidation loan or a 0% APR balance transfer could help you simplify debt pay-off while saving on interest. 

• Debt management plan. A structured payment plan through a credit counselor could help you make more headway against the debt.

• Bankruptcy. Filing for Chapter 7 bankruptcy, if you qualify, could erase your debts entirely.

• Negotiating debts. Negotiating your debts, often with help from a professional debt settlement company, could help you significantly reduce the debt.

Talk to a credit counselor or debt specialist to figure out which option might work best for getting rid of your debt.

The most effective method of getting debt collectors to stop calling you

A written request in the form of a cease-and-desist letter is the strongest way to make collection contacts stop. After a collector gets your letter (or learns you have an attorney), they must stop contacting you except to 1) confirm they will stop, or 2) tell you they may take, or are taking, a specific legal action (for example, filing a lawsuit). Keep a copy of your letter and proof of delivery.

Before you send a letter, think of a strategy. Cutting off communication makes it harder to negotiate, and can push a collector to consider legal options sooner. If your goal is to resolve the account, consider asking for validation first, then work on a repayment or settlement plan. (See our debt settlement guide for details.)

People just like you are seeking debt relief in Missouri and across the country. The first step is the most important one—explore your options.

Before Debt Collectors Bother You

You can avoid dealing with debt collectors by staying in touch with your creditors. 

Say you lose your job and can’t pay your credit card bill. You can call your credit card company and ask if they have a hardship program to help out. Benefits of these programs may include:

• Reduced or waived monthly payments

• Reduced or waived fees

• Reduced interest rates

Many options could put a stop to debt collection calls, but they don't all work the same way. Talking to a credit counselor or certified debt consultant can help you decide next steps if you're dealing with debt collectors.

State Laws and Additional Protections

The FDCPA sets a nationwide minimum amount for fair collection. Many states go farther—some cover original creditors, limit interest or fees, or give you more time to sue or defend a case. Most states also have UDAP (unfair or deceptive acts and practices) laws that usually apply to debt collection. Check with your state attorney general or consumer protection office to see what applies where you live, and look at your court’s self‑help pages if you’re facing a lawsuit.

If a state law gives you more protection than the FDCPA, you usually get the benefit of the stronger law. When you’re weighing next steps (negotiation, consolidation, or settlement), see our guides on credit card debt relief, debt settlement, and how Freedom Debt Relief works to compare options.