Rights and Records · Entry 02
The FDCPA: Collector Rules
The Fair Debt Collection Practices Act (1977) restricts what third-party debt collectors may do: no harassment, no lies, calls only between 8 a.m. and 9 p.m. your time, and written validation of the debt on request.
Why it matters
Collectors count on you not knowing the rules. The two most powerful sentences in consumer credit are: send me written validation, and communicate with me only in writing. Educational reference only, not legal advice.
Key facts
- The FDCPA covers third-party collectors and debt buyers, generally not original creditors collecting their own debts (though state laws may add coverage).
- Within five days of first contact, a collector must send a written validation notice with the amount and the creditor's name.
- You have 30 days from that notice to dispute in writing; collection must pause until they verify.
- You can demand in writing that a collector stop contacting you; after that, they may only confirm or notify you of specific actions like a lawsuit.
- Violations carry statutory damages, and consumer attorneys often take FDCPA cases with no upfront fee.
In practice
- Never confirm or pay a collection on a first call; request validation in writing first.
- Log every call: date, time, company, what was said.
- If contact is harassing, send a written cease-communication letter by certified mail and keep the receipt.
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Sources & further reading
Fair Debt Collection Practices Act, 15 U.S.C. 1692 et seq. · Consumer Financial Protection Bureau Regulation F · Federal Trade Commission (ftc.gov)
Fair Debt Collection Practices Act, 15 U.S.C. 1692 et seq. · Consumer Financial Protection Bureau Regulation F · Federal Trade Commission (ftc.gov)