The Fair Debt Collection Practices Act (FDCPA): Your Rights as a Consumer
Quick Answer
The Fair Debt Collection Practices Act was passed by Congress in 1977. It is enforced by the FTC and the CFPB. The law sets clear limits on how debt collectors can contact you and what they can say. If you have ever been contacted by a debt collector, this law protects you.
Who the FDCPA Covers
The FDCPA applies to third-party debt collectors: companies and individuals whose main business is collecting debts owed to someone else. It also covers attorneys who regularly collect debts for creditors.
The FDCPA does not cover original creditors collecting their own debts. If your credit card company contacts you about a late payment, that is not covered. But if they sell your debt to a collection agency, that agency must follow the FDCPA.
Debt Buyers: Are They Covered?
Debts covered include:
- Credit card debt
- Medical bills
- Mortgages and auto loans
- Student loans
- Personal loans and payday loans
- Utility bills sent to collections
- Cell phone bills sent to collections
Business debts are not covered. The FDCPA only protects personal, family, and household debts (15 U.S.C. 1692a).
What Debt Collectors Cannot Do
| Category | What Is Banned |
|---|---|
| Harassment | Repeated calls meant to annoy, threats of violence, use of profane language, publishing your name on a "bad debt" list |
| False statements | Lying about the amount owed, claiming to be an attorney or government agent, threatening arrest, misrepresenting the legal status of the debt |
| Unfair practices | Collecting fees not authorized by the original agreement, depositing post-dated checks early, threatening to seize property they have no right to take |
| Contact restrictions | Calling before 8 a.m. or after 9 p.m. in your time zone, contacting you at work after you say your employer does not allow it, contacting you directly after you hire an attorney |
Based on 15 U.S.C. 1692c, 1692d, 1692e, 1692f
CFPB Regulation F: Updated Rules for Digital Communication
In 2021, the CFPB finalized Regulation F to update the FDCPA for modern communication. The original 1977 law did not mention texts, emails, or social media. Regulation F fills that gap.
Key rules under Regulation F:
- Collectors may contact you by text or email, but must include a way to opt out
- Collectors may not send messages that are visible to the public (like social media posts on your wall)
- There is no hard limit on the number of calls, but calling more than 7 times within 7 days for a specific debt is presumed to be harassment
- After a phone conversation, the collector must wait at least 7 days before calling again about the same debt
- All electronic messages must clearly identify the sender as a debt collector
Your Rights Under the FDCPA
Right to written verification. Within five days of first contact, the collector must send you a written notice. It must state the amount of the debt, the name of the creditor, and your right to dispute it. You have 30 days to request verification in writing.
Right to stop contact. You can send a written request telling the collector to stop all communication. After receiving it, they may only contact you to confirm they are stopping or to notify you of a specific legal action.
Right to know who owns the debt. You can request the name and address of the original creditor at any time.
Right to sue for violations. If a collector breaks the FDCPA, you can file a lawsuit within one year. You may recover actual damages, statutory damages up to $1,000 per case, and attorney's fees (15 U.S.C. 1692k).
Right to fair venue. A debt collector cannot sue you in a distant court. Legal action must be filed in the judicial district where you live or where you signed the contract.
Medical Debt: Special Protections
Medical debt has extra protections beyond the standard FDCPA rules.
- Since 2023, medical debt under $500 cannot be reported to credit bureaus
- All medical debt must wait at least one year before appearing on your credit report
- Paid medical debt is removed from credit reports entirely
- The CFPB has proposed a rule to remove all medical debt from credit reports (pending as of 2026)
State Laws: Your State May Give You More Protection
The FDCPA is a federal floor, not a ceiling. It does not cancel out state laws that give consumers stronger protections (15 U.S.C. 1692n). Many states go further than the federal rules.
| State Protection | Example |
|---|---|
| Covers original creditors | California, Connecticut, and several other states apply debt collection rules to original creditors, not just third-party collectors |
| Covers debt buyers | Some states classify debt buyers as debt collectors, closing the gap left by the Henson ruling |
| Licensing requirements | Many states require debt collectors to be licensed before operating in the state |
| Stricter contact rules | Some states restrict calls to fewer hours than the federal 8 a.m. to 9 p.m. window |
| Higher damages | Some states allow higher statutory damages than the federal $1,000 cap |
Check your state attorney general's website for your state's specific rules
How to Respond to a Debt Collector
Step 1: Do not ignore the contact, but do not make any payment or acknowledge the debt on the first call. Ask for written verification.
Step 2: Send a written request for verification by certified mail within 30 days. The collector must stop all collection activity until they provide proof.
Step 3: Once you receive verification, confirm the debt is yours, the amount is correct, and the collector has the right to collect it.
Step 4: If something seems wrong or you do not recognize the debt, dispute it in writing. Errors and mistaken identity are common in debt collection.
Step 5: If you want all contact to stop, send a cease-communication letter by certified mail. Keep a copy and the return receipt.
Key Court Cases That Shaped the FDCPA
| Case | Year | What It Decided |
|---|---|---|
| Henson v. Santander Consumer USA | 2017 | Debt buyers that collect debts they purchased are not always "debt collectors" under the FDCPA |
| Midland Funding v. Johnson | 2017 | Filing a claim in bankruptcy court for a time-barred debt is not a violation of the FDCPA |
| Obduskey v. McCarthy & Holthus | 2019 | Businesses that only handle nonjudicial foreclosures are generally not "debt collectors" |
| Jerman v. Carlisle, McNellie | 2010 | The good-faith error defense does not apply to legal errors, only clerical mistakes |
Source: Congressional Research Service (IF11247)
Where to Report Violations
| Agency | Website | What They Handle |
|---|---|---|
| CFPB | consumerfinance.gov/complaint | Primary federal agency for debt collection complaints |
| FTC | ReportFraud.ftc.gov | Reports fraud patterns, may take enforcement action |
| State Attorney General | usa.gov/state-consumer | Enforces state-level debt collection laws |
You can also consult an attorney. FDCPA lawsuits allow recovery of attorney's fees.