The Fair Debt Collection Practices Act is the statute that tells third-party collectors how they must behave. It doesn't apply to original creditors, but it does apply to almost every letter, call, and lawsuit from a debt-buyer. Knowing where the lines are is the difference between paying an old debt and challenging one that doesn't legally exist.
Who the FDCPA covers
Third-party debt collectors — junk-debt buyers, collection agencies, and law firms whose principal business is collecting consumer debt.
It does NOT cover the original creditor collecting its own debt. If your bank calls you about your own credit card, the FDCPA doesn't apply. State analogs (e.g., Rosenthal in California) often do.
The rules you can invoke
§1692g — validation of debts. Written dispute within 30 days forces the collector to cease and mail validation.
§1692c — communication limits. No calls before 8am / after 9pm, no calls at work if you've said not to, no third-party contact except to locate you.
§1692e — false or misleading representations. Fake urgency, fake legal threats, misrepresenting the debt amount — all actionable.
§1692d — harassment. Repeated calls, obscene language, threats of violence.
Statutory damages
§1692k lets you sue for actual damages plus statutory damages up to $1,000 per lawsuit, plus attorney's fees.
That last bit — attorney's fees — is why consumer-side FDCPA attorneys take cases on contingency. If you have a documented violation, you can get counsel with nothing out of pocket.
Statutes & sources cited
- FDCPA §1692g — validation of debts
- FDCPA §1692c — communication in connection with debt collection
- FDCPA §1692e — false or misleading representations
- FDCPA §1692d — harassment or abuse
- FDCPA §1692k — civil liability