What Is the FDCPA?
The Fair Debt Collection Practices Act (FDCPA) is federal law that protects you from abusive, unfair, and deceptive debt collection practices. It gives you specific rights when dealing with third-party debt collectors (though it doesn't cover original creditors collecting their own debts).
Key Takeaway: You have more power than you think. Debt collectors must follow strict rules, and violations can result in $1,000+ in damages you can claim.
What Debt Collectors Cannot Do
- Call at unreasonable times: Before 8 AM or after 9 PM in your time zone
- Contact you at work: If you tell them your employer doesn't allow it
- Harass or threaten you: No profanity, threats of violence, or repeated calling to annoy
- Lie about the debt: Misrepresent amounts, threaten illegal actions, or impersonate attorneys
- Discuss your debt with others: They can only contact third parties to find your contact info
- Add unauthorized fees: Only charge what's legally allowed
Your Rights Under the FDCPA
Right to Debt 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
You can send a written "cease and desist" letter demanding they stop contacting you. They can only contact you once more to confirm they received it or to notify you of specific action (like a lawsuit).
Right to Dispute
If you dispute in writing within 30 days, the collector must stop collection efforts until they verify the debt.
How to Respond to Debt Collectors
Step 1: Get Everything in Writing
Don't discuss anything on the phone initially. Request written verification of the debt before acknowledging anything.
Step 2: Verify the Debt
Send a debt validation letter within 30 days asking for proof that you owe this debt and that they have the right to collect it.
Step 3: Check the Statute of Limitations
Debts have a statute of limitations (3-10 years depending on state). Time-barred debts can't be sued for, though they can still try to collect.
Step 4: Negotiate or Dispute
If the debt is valid, negotiate a settlement (typically 40-60% of the balance). If it's not yours or is inaccurate, dispute it with the credit bureaus.
Sample Debt Validation Letter
Dear [Collector Name],
I am requesting validation of this debt pursuant to the FDCPA. Please provide: the original creditor's name, the amount owed with itemization, proof that you are licensed to collect in my state, and documentation showing I am responsible for this debt.
Until validation is provided, please cease all collection activity.
Pro Tip: Document Everything
Keep a log of all calls (date, time, collector name, what was said). Save all letters. If they violate the FDCPA, this documentation supports your case for damages.
Being harassed by debt collectors? Contact Rrova to learn about your options, including disputing collections that may be inaccurate on your credit report.