If you’ve ever been pursued by a debt collector, you know how relentless they can be. Early morning calls. Late night calls. Calls to your workplace. Calls to family members. Threats about lawsuits, garnishments, and arrest.
Most people assume this is just how debt collection works. It isn’t. Much of what debt collectors routinely do is illegal under federal law — and you have the right to fight back.
The Fair Debt Collection Practices Act
The Fair Debt Collection Practices Act (FDCPA) is a federal law that regulates the conduct of debt collectors. It applies to third-party collectors — agencies hired to collect debts on behalf of original creditors — and covers personal, family, and household debts (credit cards, medical bills, auto loans, mortgages, student loans).
The FDCPA sets specific rules about when collectors can call, what they can say, and what they’re prohibited from doing entirely.
What Debt Collectors Are Prohibited From Doing
The following practices are illegal under the FDCPA:
Harassment and Abuse
- Calling repeatedly or continuously with intent to annoy, abuse, or harass
- Using obscene or profane language
- Making threats of violence
- Publishing your name on a “bad debt” list
- Calling without identifying themselves as a debt collector
False or Misleading Representations
- Claiming to be an attorney or government representative when they’re not
- Threatening legal action they don’t intend to take or aren’t authorized to take
- Misrepresenting the amount owed
- Claiming you’ve committed a crime
- Threatening arrest — collectors cannot have you arrested for a debt
Unfair Practices
- Collecting fees or interest not authorized by the original contract
- Depositing a post-dated check early
- Contacting you by postcard (visible to others)
- Threatening to seize property they have no legal right to take
Calling Rules Debt Collectors Must Follow
The FDCPA sets specific restrictions on when and how collectors may contact you:
- No calls before 8 AM or after 9 PM (your local time)
- No calls to your workplace if you’ve told them your employer prohibits it
- No contact with third parties except to locate you — and they can only call a third party once, cannot reveal the debt, and cannot call again unless asked to
- Must cease contact if you send a written request to stop — they can only contact you once more after that to confirm they’re stopping or to notify you of a specific action
Your Right to Dispute the Debt
Within 30 days of first contact, you have the right to send a written dispute requesting verification of the debt. Once you do, the collector must:
- Stop all collection activity until they provide verification
- Send you a copy of the original judgment or a statement from the original creditor
If they continue collecting without verifying — that’s a violation.
The Cease and Desist Letter
If you want the calls to stop completely, you can send a written cease and desist letter via certified mail. Once received, the collector may only contact you one final time — to confirm they’re stopping collection or to notify you of a specific action (like filing suit).
Important: a cease and desist does not make the debt go away. It stops the harassment while you figure out your next move.
What Violations Are Worth in Damages
Under the FDCPA, every violation can result in:
- Actual damages — emotional distress, lost wages, medical costs caused by the harassment
- Statutory damages up to $1,000 per lawsuit (not per violation)
- Class action damages up to $500,000 for widespread violations
- Attorney’s fees paid by the collector — meaning your case may cost you nothing
Courts have awarded real money to consumers for harassment that looks minor on the surface — repeated calls, failure to identify, minor misrepresentations. The law was designed to have teeth.
Common Scenarios That May Be Violations
“They called me 5 times today.” Repeated calls with intent to annoy are prohibited. One documented day of repeated calls may be enough to support a claim.
“They told my coworker why they were calling.” Disclosing the nature of the debt to a third party (other than your spouse) is a violation.
“They said I’d be arrested if I didn’t pay.” Debt collectors cannot threaten arrest. This is a textbook violation.
“They called me about a debt from 2017.” Time-barred debts (past the statute of limitations) cannot be collected on in court — and attempting to collect them with implied threats of suit may be a violation.
“The amount they said I owed was wrong.” Misrepresenting the amount owed — even slightly — is a violation.
What to Do If You’ve Been Harassed
- Document everything. Write down every call — date, time, what was said. Save voicemails.
- Send a cease and desist via certified mail with return receipt.
- Request debt verification in writing within 30 days of first contact.
- Do not pay before verifying the debt — especially on old accounts.
- Talk to a consumer advocate. FDCPA claims have a 1-year statute of limitations from the date of violation. Don’t wait.
Monay & Associates represents consumers in FDCPA arbitration claims against debt collectors. If a collector has harassed, threatened, or deceived you, request a free case evaluation — you may be entitled to damages at no cost to you.