Your Rights Under the FDCPA
The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers from abusive, unfair, or deceptive debt collection practices. It's important to know your rights when a debt collector contacts you.
What Debt Collectors Are Prohibited From Doing
Under the FDCPA, debt collectors cannot:
- Harass You: They cannot use threats of violence or harm, use obscene or profane language, or repeatedly call you to annoy or harass you.
- Lie or Use Deception: They cannot misrepresent the amount you owe, falsely claim to be attorneys or government representatives, or threaten to have you arrested if you don't pay your debt (since failing to pay a civil debt is not a crime).
- Call at Inconvenient Times: They are prohibited from calling you before 8 a.m. or after 9 p.m., unless you agree to it.
- Contact You at Work: If you tell a debt collector—orally or in writing—that you're not allowed to get their calls at work, they cannot contact you there.
- Discuss Your Debt with Others: Collectors are generally not allowed to discuss your debt with anyone other than you, your spouse, or your attorney. They can contact other people to find your address or phone number, but they usually can't say they're a debt collector or that you owe a debt.
Your Right to Dispute the Debt
Within five days of first contacting you, a debt collector must send you a written "validation notice." This notice must include:
- The amount of the debt.
- The name of the creditor to whom the debt is owed.
- A statement that you have 30 days to dispute the validity of the debt. If you don't, they will assume the debt is valid.
If you dispute the debt in writing within those 30 days, the collector must stop all collection efforts until they send you written verification of the debt, such as a copy of the original bill.
How to Stop a Debt Collector From Contacting You
You have the right to stop a debt collector from contacting you. To do this, you must send a letter by mail asking them to stop. It is highly recommended to send this letter via certified mail with a return receipt so you have proof they received it.
Once they receive your letter, they can no longer contact you, except for two reasons:
- To tell you there will be no further contact.
- To let you know that they or the creditor intend to take a specific action, like filing a lawsuit.
Important: Sending this letter does not make the debt go away. You could still be sued by the creditor for the amount owed.