Your rights under federal law
FDCPA · 15 U.S.C. §§ 1692

The Fair Debt Collection Practices Act, in plain English.

If a debt collector is contacting you, federal law gives you specific rights about when they can call, what they have to disclose, what they can and can't say, and what happens when they break the rules. Here's what those rights actually mean, with examples.

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What the FDCPA is

The Fair Debt Collection Practices Act is a 1977 federal law that controls how third-party debt collectors are allowed to operate. A "third-party collector" usually means a collection agency or a debt buyer (distinct from the original creditor, like your bank or hospital). The law sets rules about when collectors can contact you, how they can contact you, what they have to tell you, and what they're forbidden from doing.

It also gives you something most people don't know they have: a private right to sue collectors who break the rules, recover damages, and have the collector pay your attorneys' fees. That's the lever that makes the rest of the law enforceable.

What it gives you

Eight specific rights, in plain English.

Each right is grounded in a specific section of the FDCPA. The plain explanation comes first; the example shows what a violation actually looks like.

§1692g · The validation notice

The collector has to identify themselves and tell you what they say you owe.

Within five days of first contact, a debt collector must send you a written notice that includes their name, the original creditor's name, the amount they say you owe, and a statement of your rights to dispute it. If they only call and never send the notice, that's a violation.

Example

"Cardinal Recovery" calls demanding $4,800. Within five days they have to send you a letter saying who they are, that the debt was originally with Citi Visa, the amount, and how to dispute it. If two weeks pass without that letter, they've violated §1692g.

§1692g · Validation on demand

You have 30 days to make them prove the debt is yours.

After you receive the validation notice, you have 30 days to send a written request asking the collector to verify the debt. Once they get your request, they have to stop collection until they prove it. To prove it, they generally need documentation: the original signed agreement, an account history, the chain of any transfers if the debt has been bought and sold.

Example

You get a notice from a collector for a credit card you closed years ago. You write back disputing it within 30 days. They have to send you the original cardholder agreement and an account statement before they can collect another dollar. If they can't produce them, the matter usually ends.

Or

You dispute the debt; the collector sends you a copy of an unsigned generic credit-card application, with no account statements and no original agreement. That's typically not enough to substantiate, and the collector can be challenged for trying to collect on incomplete validation.

§1692c(c) · Cease contact

You can tell them in writing to stop contacting you.

Once you send a written request to cease contact (usually called a "cease letter"), the collector can only contact you again to confirm they received your letter, or to inform you of a specific legal action they're going to take (like filing a lawsuit). Anything else after that is a violation.

Example

You send a cease letter on Tuesday. The collector calls you on Friday to "follow up." That's a violation, and each subsequent call is a separate violation.

Permitted

Same scenario, but on Friday they send you a single written notice that says: "We received your letter and won't contact you again unless we sue." That's the one response the law allows, and it's permitted.

§1692c(a)(1) · Time-of-day restrictions

They can only contact you between 8am and 9pm in your time zone.

A debt collector can't call you (or otherwise contact you) before 8am or after 9pm where you live, unless you've explicitly agreed otherwise. Your time zone applies.

Example

You live in Denver. A collector based in New York calls your mobile at 7:15am Mountain time. They think they're calling at 9:15am Eastern, but it's 7:15am where you are. That's a violation regardless of where the call originated.

§1692c(a)(3) · Workplace contact

They can't keep calling you at work after you tell them not to.

If you tell a collector (orally or in writing) that you can't take their calls at work, or that your employer prohibits such calls, they have to stop. Continued workplace calls are a separate violation each time.

Example

You tell the collector during a call: "Don't call me at work anymore. My employer doesn't allow personal calls." They call your work line the next day. Violation. They call again the day after. Another violation.

§1692c(b) · Third-party contact

They can't tell other people about your debt.

A collector can't discuss your debt with anyone other than you, your spouse, your attorney, or someone you've explicitly authorized. They can call neighbors or family members to find your contact information, but if they do, they can only ask for the information itself, without mentioning the debt or the fact that they're a collector.

Violation

Your sister picks up a call: "Hi, I'm trying to reach Marcus about his $3,000 credit-card debt." That's a violation; they revealed both the existence of a debt and the amount to a third party.

Permitted

Same call, but the caller says only: "Hi, I'm trying to reach Marcus. Could you give him this number to call back?" That's a permitted location-information call (a "skip trace"); they didn't disclose anything about the debt.

§1692e · False or misleading statements

They can't lie to you, or threaten things they can't legally do.

A collector can't claim to be a government agent, falsely claim to be an attorney, misrepresent the amount or status of the debt, or threaten action they can't or won't actually take. That includes threats of arrest, deportation, license suspension, or wage garnishment they don't actually have authority to pursue.

Example

"Pay this today or we'll have you arrested." That's a violation. There is no arrest for unpaid consumer debt; the threat itself violates §1692e.

Or

"We're filing a lawsuit tomorrow if you don't pay." If the collector has no actual intention or authority to file, the threat is a violation regardless of whether they ever follow through.

§1692f · Unfair practices

They can't add charges that weren't in the original contract.

A collector can collect what was authorized in writing in the original credit agreement, and nothing more. "Collection fees," "service charges," or post-charge-off interest that wasn't in the original contract are violations when they're tacked on by the collector.

Example

You owed $2,000 on a credit card. The original cardholder agreement allowed late fees up to $39 and interest at the contract APR; the agreement said nothing about post-charge-off "collection fees." A buyer demands $2,800, claiming "interest and collection costs." If those amounts aren't authorized by the original agreement or by state law, that's a §1692f violation.

§1692k · The right to sue

You can sue collectors who break the rules. They pay your attorney.

If a collector violates the FDCPA, you can sue them in federal or state court. You can recover actual damages (lost wages, emotional distress where it's substantiated), statutory damages of up to $1,000 per case, and your attorneys' fees and court costs, meaning the collector pays your lawyer if you win. The fee-shifting provision is what makes these cases economically viable to pursue.

Example

A collector calls your work three times after you told them not to. You sue. Even without proving any specific financial loss, you can recover up to $1,000 in statutory damages, plus attorneys' fees, meaning the lawsuit costs you nothing out of pocket if you win.

Not sure whether what's happening to you is a violation? An attorney can tell you. The first call is free.
What the FDCPA doesn't do

It controls third-party collectors. Original creditors are covered separately.

The FDCPA's protections apply to third-party debt collectors (collection agencies and debt buyers). With rare exceptions, the original creditor (the bank that issued your credit card, the hospital that sent the bill) is exempt. When the original creditor is the one calling, your protections come from a different mix of laws: the Telephone Consumer Protection Act for autodialed calls, the Truth in Lending Act for billing-error disputes, state-law consumer-protection statutes.

It also doesn't make a debt go away on its own. The FDCPA controls collector behavior; whether the underlying debt is legitimate or enforceable is a separate question, decided through validation, court defense, or settlement.

What Credo does with it

We send the letters that trigger your rights, and pursue damages when collectors break the rules.

Most of our debt-collection matters start with two letters under the FDCPA: a §1692c(c) cease letter, and a §1692g validation demand. The first stops the contact. The second forces the collector to substantiate what they say you owe.

When collectors violate the FDCPA, by continuing to call after a cease, by calling at work after you told them not to, by disclosing the debt to a third party, by adding fees the original contract doesn't authorize, we pursue §1692k claims to recover damages and attorneys' fees. Those claims often resolve the underlying matter favorably as a side effect, because the collector's exposure becomes greater than what they were trying to collect.

For more on the matters where the FDCPA most often applies, see Collector harassment, Credit-card debt, or Lawsuits & summons.

The other federal statutes

Two other federal laws often apply alongside the FDCPA.

Want to know which of these rights apply to your case?

An attorney can tell you which sections of the FDCPA apply to what's actually happening to you, what counts as a violation, and what comes next. The first call is free.

Or call (212) 461-4026 · Mon–Fri 9–5 ET