If a debt collector is calling, you have strong federal protections under the Fair Debt Collection Practices Act (FDCPA). This guide explains what collectors can and can't do, and how to make them prove a debt.
The 30-day validation right
Within five days of first contacting you, a collector must send written notice of the debt. If you send a written dispute within 30 days of that notice, the collector must stop collection until it mails you verification of the debt (15 U.S.C. § 1692g). Always dispute in writing and keep a copy. Our debt-dispute template can help.
What a collector cannot do
The FDCPA bans abusive and unfair tactics (§§ 1692c–f). A collector may not:
- Call before 8 a.m. or after 9 p.m., or at work if you've said your employer prohibits it.
- Keep contacting you after you ask in writing to stop (they may only confirm they'll stop, or that they're taking a specific action).
- Use threats, obscene language, or repeated calls to harass you.
- Lie about the amount, pose as a lawyer or government agent, or threaten arrest or actions they can't legally take.
Old ("time-barred") debts
A collector can still ask you to pay a debt past your state's statute of limitations, but suing on a time-barred debt, or threatening to, can itself violate the FDCPA. Be careful: a partial payment can sometimes restart the clock, so check your state's limit first.
How to enforce your rights
If a collector breaks the FDCPA, you can sue in state or federal court within one year. You may recover your actual damages, up to $1,000 in statutory damages, plus attorney's fees and costs (§ 1692k). You can also report the collector to the CFPB and your state attorney general.
Frequently asked questions
Does disputing hurt my credit? No. Asking for validation is your right and does not itself affect your credit.
What if the debt isn't mine? Dispute it in writing within 30 days and say you don't recognize it; the collector must validate the debt or stop collecting.