Receiving a call from a debt collector is stressful, and collectors know that. Some use that stress to push people into payments or agreements that are not in their interest. The Fair Debt Collection Practices Act (FDCPA) is the federal law that governs what third-party debt collectors can and cannot do. Knowing your rights under this law changes the dynamic from one where the collector has all the power to one where you have real protections.
What collectors are not allowed to do
Debt collectors cannot call before 8 a.m. or after 9 p.m. in your time zone. They cannot call you at work if you tell them your employer does not allow such calls. They cannot use obscene language, threaten violence, or make false statements about who they are or the nature of the debt. They cannot claim to be attorneys or government officials if they are not. They cannot threaten to have you arrested, since not paying a debt is not a criminal matter. They cannot threaten legal action they do not actually intend to take.
You can request they stop contacting you
If you send a written request asking a debt collector to stop contacting you, they are legally required to do so with limited exceptions. They may contact you once more to confirm they are ceasing contact or to inform you of a specific action they intend to take, such as filing a lawsuit. After that, contact must stop. This does not make the debt disappear, but it does stop the calls. Send the request by certified mail so you have proof.
You have the right to request debt verification
Within the first five days of initial contact, a collector must send you written notice of the debt amount and the original creditor. If you dispute the debt within 30 days of receiving that notice, the collector must stop collection activity until they provide verification. This matters because old debts sometimes have incorrect balances, debts that were already paid occasionally resurface, and occasionally collectors attempt to collect on debts that are not yours.
Check the statute of limitations on old debts
Each state has a statute of limitations on how long a creditor can sue you to collect a debt, typically three to six years from the date of last activity on the account. After that period, the debt is considered time-barred, meaning they cannot win a lawsuit to collect it. The debt may still appear on your credit report and you may still receive collection calls, but you cannot be successfully sued. Making a payment on a time-barred debt can restart the clock, so it is worth knowing the status of any old debt before you act.
How to report violations
If a debt collector violates the FDCPA, you can file a complaint with the Consumer Financial Protection Bureau at consumerfinance.gov and with your state attorney general's office. You can also sue the collector in court for damages. Documenting calls with dates, times, and what was said gives you the evidence you need if you pursue either option.