FDCPA Guide: Your Rights Under the Fair Debt Collection Practices Act

The Fair Debt Collection Practices Act is the federal consumer-protection law, codified at 15 U.S.C. § 1692, that regulates third-party debt collection in the United States. Passed in 1977, it sets clear rules for what collectors can and cannot do, requires them to send a written validation notice within 5 days of first contact, and gives consumers a private right of action with statutory damages up to $1,000 per lawsuit plus attorney fees.

The FDCPA applies to debt collectors, debt buyers, and collection law firms — but generally not to the original creditor collecting its own account.

Federal law prohibits a specific list of practices. Each item below is a per-call or per-contact violation, each potentially worth up to $1,000 in statutory damages plus attorney fees.

• Cannot call before 8:00 AM or after 9:00 PM in your local time zone (§ 806)
• Cannot use profane, obscene, or abusive language (§ 806)
• Cannot threaten arrest, criminal prosecution, or violence for a civil debt (§ 807)
• Cannot misrepresent the amount owed, the debt's legal status, or who they are (§ 807)
• Cannot contact you after you have sent a written cease communication request (§ 805)
• Cannot reveal your debt to family, neighbors, employers, or coworkers (§ 805)
• Cannot continue collection after a written dispute until they send written validation (§ 1692g)
• Cannot file a lawsuit on a time-barred debt or threaten to (§ 807)

File complaints with three agencies in parallel: the CFPB at consumerfinance.gov/complaint, the FTC at reportfraud.ftc.gov, and your state attorney general. You can also sue in federal or state court within one year of the violation. Document every call with date, time, what was said, and the collector's name.

Under 15 U.S.C. § 1692k, a successful plaintiff can recover actual damages (lost wages, emotional distress, medical bills), statutory damages up to $1,000 per lawsuit, and reasonable attorney fees and court costs. Class actions can recover up to $500,000 or 1% of the collector's net worth, whichever is less. Most consumer-rights attorneys take FDCPA cases on contingency — you owe nothing unless you win.

No — not directly. The FDCPA regulates only third-party debt collectors and debt buyers. The original creditor collecting its own debt is exempt from federal FDCPA liability. However, most states have parallel laws that extend similar or stronger protections to original creditors. California's Rosenthal Act, Texas Finance Code Chapter 392, and Florida's Consumer Collection Practices Act all reach original creditors.