What debt collectors can and cannot do

If you receive a call or letter from a debt collector, you have legal rights—even if you owe the debt. The federal Fair Debt Collection Practices Act (FDCPA), passed in 1977, sets strict limits on what collectors can do, what they can say, and how many times they can contact you. This guide explains your most important protections and what to do if a collector violates them.

What You Must Receive: The Validation Notice

Within five days of their first contact with you, a debt collector must send you a written notice—called a validation notice or debt collection notice. This notice must include the amount of the debt, the name of the creditor to whom the debt is owed, your consumer rights, and the address where you can send a dispute.

This is your most powerful tool. You have exactly 30 days from the date you receive this notice to dispute the debt in writing. Do not call; you must send your dispute in writing via mail or email.

What Happens When You Dispute

Once you send a written dispute within the 30-day window, the debt collector must pause collection activities on the amount you disputed. They cannot attempt further collection until they have adequately verified the debt and provided you with proof. This gives you valuable time to review the claim and decide your next step.

Important: simply not responding to the validation notice means the collector can assume the debt is valid and continue trying to collect. Do not ignore the notice.

What Debt Collectors Cannot Do

Federal law prohibits debt collectors from using abusive, unfair, or deceptive practices. Here are the main rules:

No Harassment or Threats

Debt collectors cannot harass, oppress, or abuse you or anyone else. This includes:

• Calling you more than seven times within a seven-day period about the same debt, or calling within seven days after they've spoken with you about that debt
• Calling before 8:00 a.m. or after 9:00 p.m.
• Calling your workplace if your employer does not allow personal calls
• Using repetitive phone calls, text messages, emails, or social media intended to annoy or abuse you
• Using obscene or profane language
• Threatening violence or harm to you or anyone else

Once you submit a written request to stop all contact, the collector must stop calling, emailing, or texting you—with very narrow exceptions (such as if they are filing a lawsuit against you).

No Lies or Misrepresentation

Collectors cannot use false, deceptive, or misleading statements. They are specifically prohibited from:

• Misrepresenting the amount of debt you owe or adding unauthorized fees or interest
• Falsely claiming to be an attorney, government official, or law enforcement officer
• Lying about the consequences of not paying, such as falsely threatening arrest, jail, wage garnishment, or revocation of your driver's license without a court order
• Threatening legal action they do not intend to take or cannot legally take
• Claiming they can have you deported or will report you to immigration authorities
• Telling you that they will publicize your debt or put you on a 'shame list'
• Claiming you have committed a crime by not paying
• Misrepresenting the legal status of a debt (for example, claiming an old debt is still collectible)

Threats of deportation are especially common in scams targeting immigrants. Remember: debt collection is a civil matter, not a criminal one. No one can arrest you or deport you solely for owing a debt.

No Unfair Collection Methods

Collectors also cannot:

• Call your work if you've told them you cannot receive personal calls there
• Contact you if they know an attorney is representing you (they must contact the attorney instead)
• Disclose your debt to your family, friends, employer, or anyone else (except as required by law)
• Collect information about you through fraud or deception
• Collect interest, fees, or charges that are not authorized by the original contract or state law
• Sue you in a court far from where you live or where you signed the contract

What Debt Collectors CAN Do

It is important to know that the FDCPA only applies to third-party debt collectors—companies hired to collect debts on behalf of lenders. The original creditor (the bank, credit card company, or store that extended you credit) is generally not covered by the FDCPA. However, most states have similar state laws that do apply to original creditors.

Collectors can:

• Contact you at home or by phone during reasonable hours (8 a.m.–9 p.m.) unless you've requested they stop
• Send you letters requesting payment
• Report your debt to credit reporting agencies (though they must mark it as disputed if you have disputed it)
• File a lawsuit against you for the debt
• Speak with other people to locate you (but not to discuss or shame you about the debt)

Never Ignore a Court Summons

If a debt collector sues you, you will receive a court summons. This is one of the most critical moments in debt collection. You must respond to it.

If you ignore the summons and do not file an answer with the court by the deadline (which is typically 20–30 days, depending on your state), the court will enter a default judgment against you. This means the collector wins automatically without proving anything, and you lose most of your rights to defend yourself.

Once a default judgment is entered, the collector can:

• Garnish (take) money directly from your wages
• Seize money from your bank account
• Place a lien on your property or home
• Collect additional fees, court costs, and interest
• Pursue further collection actions for years

Responding to a summons does not mean you are admitting you owe the debt. It means you are telling the court that you contest the claim and want a fair hearing. The collector then has the burden of proving the debt is valid and that you owe it.

How to Report Violations

If a debt collector violates the FDCPA, you have several options:

File a Complaint With the CFPB or FTC

The Consumer Financial Protection Bureau (CFPB) and the Federal Trade Commission (FTC) both enforce the FDCPA. You can file a complaint with either or both.

• CFPB: Visit consumerfinance.gov/complaint or call 1-855-411-2372. The CFPB will contact the collector and try to help reach a resolution.
• FTC: Visit ReportFraud.ftc.gov or call 1-877-FTC-HELP (1-877-382-4357). The FTC does not resolve individual complaints but uses the data to build enforcement cases against repeat violators.

Report to Your State Attorney General

Your state's attorney general's office has a consumer protection division. Many states have their own debt collection laws that are even stricter than the federal FDCPA. Contact your state attorney general to learn your rights and file a complaint if needed.

Sue the Collector Directly

You have the right to sue a debt collector for violating the FDCPA. If you win, you can recover up to $1,000 in statutory damages plus your attorney fees. This means many consumer rights attorneys will take your case for free and get paid only if you win. You must file your lawsuit within one year of the violation.

Debt Collection Scams

Not all calls from debt collectors are legitimate. Scammers pose as debt collectors to extract money from you. Red flags include:

• Threats to arrest you, jail you, or deport you
• Threats to revoke your driver's license
• Demanding immediate payment via wire transfer, gift card, or prepaid card
• Threats to seize your property without mentioning a court order
• Refusing to provide the debt collector's name, company, or callback number
• Calling about a debt you are certain you do not owe and refusing to send written validation
• Claiming to represent a government agency (such as the IRS or immigration authorities)
• Using vulgar language or threats of violence

If you suspect a scam:

• Do not give any money, personal information, or bank details
• Hang up the phone
• Report it to the FTC at ReportFraud.ftc.gov or 1-877-FTC-HELP
• Report it to the CFPB at consumerfinance.gov/complaint or 1-855-411-2372
• Report it to your state attorney general's office
• If you believe it is identity theft, report it to the FBI's Internet Crime Complaint Center (IC3) at ic3.gov

Special Note for Immigrants and Non-Citizens

Scammers frequently target immigrants by threatening deportation or reporting them to immigration authorities. This is illegal. Debt collection is a civil matter between you and a creditor—it has nothing to do with immigration status. No debt collector, government agency, or private company can threaten deportation as a collection tactic. If someone threatens to report you to USCIS (U.S. Citizenship and Immigration Services) or have you deported because of unpaid debt, that is a scam and a violation of federal law.

If English is not your first language, you have the right to request written communication from collectors or to have an interpreter present. State laws vary on interpreter rights; check with your state attorney general if you need more information.

State Laws and Statutes of Limitations

The FDCPA is a federal law and applies everywhere in the United States. However, most states have additional debt collection laws that may offer even more protection. These are sometimes called mini-FDCPAs. Some state laws apply to original creditors (the bank or company that first lent you money), while the federal FDCPA applies only to third-party collectors.

Each state also has a statute of limitations on debt—a time limit within which a creditor can sue you. This period varies by state and by the type of debt (credit card, medical, promissory note, etc.). Typically it ranges from three to ten years. Once the statute of limitations has expired, a collector may not sue you, though they may still try to contact you. Check your state attorney general's website to learn your state's statute of limitations rules.