Fair Debt Collection Practices Act
Debt Collection Harassment Lawyer — Stop the Calls and Know Your Rights
A debt collection harassment lawyer can stop illegal calls, threats, and workplace contact. FDCPA violations may entitle you to up to $1,000 in statutory damages. Free case analysis.
You may be responsible for case costs and expenses. We will explain how costs are handled in your matter.
What the Law Is and Who It Protects
The Fair Debt Collection Practices Act (FDCPA), enacted in 1977 and codified at 15 U.S.C. §§ 1692 et seq., is the primary federal law governing the conduct of third-party debt collectors. Congress passed the FDCPA after finding that abusive, deceptive, and unfair debt collection practices were widespread and contributed to personal bankruptcies, marital instability, job loss, and invasions of individual privacy.
The FDCPA applies to "debt collectors" — generally defined as persons or companies that regularly collect debts owed to others. This includes collection agencies, debt buyers, and attorneys who regularly collect debts. The law covers personal, family, and household debts including credit card debt, medical bills, student loans, mortgages, and auto loans.
The statute establishes a comprehensive framework of prohibited conduct. Debt collectors cannot harass or abuse consumers, make false or misleading representations, or use unfair practices. The law also requires collectors to provide consumers with certain disclosures about their rights, including the right to dispute the debt and request verification.
One of the FDCPA's most powerful features is its fee-shifting provision: if you win your case, the debt collector must pay your attorney fees and court costs. This means that consumers can often pursue FDCPA claims at no out-of-pocket cost, because attorneys can take these cases on contingency knowing that fees will be paid by the violating collector if the case succeeds.
What Constitutes a Violation
Calls Before 8am or After 9pm
The FDCPA prohibits debt collectors from calling consumers before 8am or after 9pm in the consumer's local time zone. Each call outside these hours is a separate violation.
Threats of Arrest or Illegal Action
Debt collectors cannot threaten to have you arrested, sue you in a court where they cannot sue, or take any action they do not have the legal right to take. False threats are a serious FDCPA violation.
Workplace Contact After Objection
If a consumer tells a debt collector that their employer prohibits such calls, the collector must stop calling the workplace. Continued workplace contact after this notice is a violation.
Abusive or Profane Language
The FDCPA prohibits debt collectors from using obscene or profane language, or language that abuses the hearer. Harassment, oppression, or abuse in any form is prohibited.
Third-Party Disclosure of Debt
Debt collectors generally cannot discuss your debt with third parties such as family members, neighbors, or employers. Disclosing the existence of a debt to unauthorized parties is a violation.
Continued Contact After Written Stop Request
If you send a written request asking the collector to stop contacting you, they must cease communication except to notify you of specific legal actions. Continued contact is a serious violation.
Damages and Statute of Limitations
Damages Available: Up to $1,000 in statutory damages per lawsuit (not per violation), plus actual damages for emotional distress, lost wages, and other harms, plus attorney fees and court costs paid by the debt collector.
Statute of Limitations: One year from the date of the violation. Because violations are often ongoing, the limitations period may run from the most recent violation.
Prior results do not guarantee a similar outcome. You may not obtain the same or similar results. Each case is different.
You may be responsible for case costs and expenses. We will explain how costs are handled in your matter.
This AI case analysis tool provides a preliminary, automated assessment for informational purposes only. It does not constitute legal advice, establish an attorney-client relationship, or predict the outcome of any legal matter. Results are not a guarantee of eligibility or recovery. Consult a licensed attorney in your jurisdiction before taking any legal action.
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