Who and What the FDCPA Covers
The Fair Debt Collection Practices Act (FDCPA), enacted in 1977 and codified at 15 U.S.C. § 1692 et seq., applies to third-party debt collectors — companies or individuals who collect debts owed to another party. The law does not apply to original creditors collecting their own debts, with some exceptions. A credit card company collecting on its own accounts is generally not subject to the FDCPA. A separate collection agency attempting to collect that same debt is.
The FDCPA covers consumer debts — debts incurred primarily for personal, family, or household purposes. Business debts are not covered. The types of debt covered include credit card debt, medical bills, mortgages, auto loans, student loans, and other personal debts.
Under the FDCPA, a debt collector is any person who regularly collects debts owed to another party. This includes third-party collection agencies, debt buyers who purchase charged-off debts, attorneys who regularly collect debts, and certain other entities. Original creditors collecting their own debts are generally excluded from the law's definition, though some state laws impose similar requirements on original creditors. The Consumer Financial Protection Bureau enforces the FDCPA at the federal level.
Prohibited Contact Times and Methods
The FDCPA places specific restrictions on when and how debt collectors may contact consumers.
Time-of-Day Restrictions
Collectors are prohibited from contacting consumers at times that are inconvenient to the consumer. The FDCPA creates a presumption that contact is inconvenient before 8 a.m. and after 9 p.m. local time at the consumer's location. Contact during these hours is prohibited unless the consumer has given permission to be contacted at those times.
Contact at the Consumer's Workplace
Collectors are prohibited from contacting a consumer at their place of employment if the collector knows or has reason to know that the consumer's employer prohibits such contact. If a consumer informs the collector that workplace calls are not permitted, the collector must cease contacting the consumer at their workplace.
Third-Party Contact
With limited exceptions, collectors are prohibited from contacting third parties — the consumer's family members, neighbors, employers, or others — about the consumer's debt. The permitted exception is contacting third parties to locate the consumer (known as "skip tracing"), but collectors must not disclose that they are collecting a debt when making these location inquiries. Collectors may contact the consumer's attorney if they have one.
Attorney Representation
If a consumer is represented by an attorney with respect to a debt, and the collector knows of the representation, the collector must communicate only with the attorney and not directly with the consumer. Direct contact with a represented consumer is a violation.
Harassment and Abusive Conduct
Section 806 of the FDCPA prohibits conduct whose natural consequence is to harass, oppress, or abuse any person in connection with debt collection. Specific prohibited conduct includes:
- The use or threat of violence or criminal means to harm the person, reputation, or property of any person
- The use of obscene or profane language
- Publishing lists of consumers who allegedly refuse to pay debts (except to credit bureaus)
- Advertising a debt for sale to coerce payment
- Causing a phone to ring repeatedly or continuously with the intent to annoy, abuse, or harass
- Placing telephone calls without meaningfully disclosing the caller's identity
The FDCPA prohibits causing a telephone to ring or engaging a person in telephone conversation repeatedly or continuously with the intent to annoy, abuse, or harass. Courts have found that excessive call volume — even without overt verbal harassment — constitutes an FDCPA violation. Keeping a detailed log of all calls received from a collector, including date, time, and content, is documentation relevant to establishing a pattern of excessive contact if a violation is pursued.
False and Misleading Representations
Section 807 of the FDCPA prohibits false, deceptive, or misleading representations or means in connection with debt collection. The law provides a non-exhaustive list of specifically prohibited misrepresentations, including:
- Falsely representing the character, amount, or legal status of any debt
- Falsely representing that the collector is an attorney or that communication is from an attorney
- Falsely representing that the consumer committed a crime or other conduct
- Representing or implying that nonpayment of the debt will result in arrest or imprisonment
- Threatening to take action that cannot legally be taken or that is not actually intended to be taken
- Falsely representing or implying that the collector operates or is employed by a credit bureau
- Using false, deceptive, or misleading representations to collect or attempt to collect a debt
- Failing to disclose in the initial communication that the collector is attempting to collect a debt and that information obtained will be used for that purpose
The prohibition on threatening action the collector cannot take or does not intend to take is significant in practice. A collector who threatens to sue on a debt that is past the applicable statute of limitations, or threatens to garnish wages without having obtained a judgment, may be making a false representation under Section 807.
Unfair Practices
Section 808 of the FDCPA prohibits unfair or unconscionable means to collect or attempt to collect any debt. Specifically prohibited unfair practices include:
- Collecting amounts not authorized by the agreement creating the debt or permitted by law, including collection charges, interest, fees, or expenses
- Accepting checks postdated by more than five days without providing the consumer advance notice before depositing
- Soliciting postdated checks to use as a threat for criminal prosecution
- Depositing or threatening to deposit postdated checks before the date on the check
- Communicating with consumers by postcard
- Using any language or symbol on an envelope that indicates the contents relate to debt collection
The Debt Validation Right
Under Section 809 of the FDCPA, within five days of the initial communication with a consumer, a collector must send a written notice containing the amount of the debt, the name of the creditor to whom the debt is owed, and a statement informing the consumer that they have 30 days to dispute the debt.
If the consumer notifies the collector in writing within that 30-day period that they dispute the debt or any portion of it, the collector must cease collection activity until the collector obtains verification of the debt and mails it to the consumer. The collector must also provide the name and address of the original creditor upon written request within the 30-day period.
The validation right is specifically triggered by a written dispute. Oral disputes do not carry the same legal weight under the FDCPA. A written dispute sent by certified mail with return receipt creates a dated record of both the consumer's request and the collector's receipt of it.
A timely written dispute submitted within the 30-day validation window requires the collector to cease collection activity until they verify the debt. The CFPB provides guidance on debt collection rights and the dispute process at consumerfinance.gov/consumer-tools/debt-collection. The FTC's summary of the FDCPA is available at consumer.ftc.gov.
The Right to Request Cessation of Contact
Under Section 805(c) of the FDCPA, a consumer has the right to notify a collector in writing to stop communicating with them. Once a collector receives such a written notification, the collector is prohibited from further communication with the consumer except to advise that collection efforts are being terminated, to notify the consumer that the collector may invoke specific remedies, or to notify that the collector intends to take a specific action.
A cessation letter stops collector contact but does not extinguish the underlying debt or prevent the collector from pursuing legal remedies such as filing a lawsuit. It is distinct from a debt dispute under Section 809. The cessation right means the consumer can stop the phone calls; it does not mean the debt ceases to exist or that collection through other means is prohibited.
Remedies for Violations
The FDCPA provides private rights of action — meaning consumers can sue collectors directly for violations without waiting for a government agency to act. A consumer who prevails in an FDCPA lawsuit may recover:
- Actual damages — compensation for financial harm and emotional distress caused by the violation
- Statutory damages of up to $1,000 per lawsuit, regardless of whether actual damages are proven
- Attorney's fees and costs — which means consumers can often find attorneys willing to take FDCPA cases on contingency, with no upfront cost
Class actions are also available under the FDCPA, with different statutory damage caps. FDCPA lawsuits must be filed within one year of the date of the violation. Consumers can also file complaints with the CFPB at consumerfinance.gov/complaint and with their state attorney general's office.
A collector found to have violated the FDCPA is not automatically shielded from liability by claiming the violation was unintentional. The FDCPA is a strict liability statute for many of its provisions, meaning intent is not a required element for liability.
The FDCPA prohibits third-party debt collectors from contacting consumers before 8 a.m. or after 9 p.m., contacting represented consumers directly, using harassment or abusive language, making false representations about the debt or their authority, collecting amounts not legally authorized, and ignoring written dispute requests. Consumers have the right to request debt validation within 30 days of initial contact, stopping collection activity until verification is provided, and the right to demand cessation of contact entirely. Violations carry private right of action with statutory damages up to $1,000 plus attorney's fees. The complete text of the FDCPA is available through the FTC's legal library.