FDCPA Violations List: Your Rights Against Collectors

The Fair Debt Collection Practices Act (FDCPA) protects you from abusive debt collectors. Congress passed it in 1977, with amendments adding more consumer safeguards. Debt collectors must follow strict rules when contacting you. When they break these rules, you can file a complaint and potentially receive compensation.

You should report FDCPA violations to the Federal Trade Commission immediately. Your report helps the FTC investigate and stop illegal collection activities. You protect yourself and other consumers by speaking up.

Stop Collector Harassment and Fight Back

If debt collectors are violating the FDCPA or have sued you, you need to respond quickly. Solo helps you answer lawsuits, send validation letters, and negotiate settlements without dealing with collectors directly.

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Common FDCPA Violations You Need to Know

Debt collectors violate federal law when they engage in these behaviors:

Call you before 8 a.m. or after 9 p.m.
Contact you at work after being told not to
Disclose your debt to family or friends
Keep contacting you after you request no contact
Use harassment or abuse tactics
Threaten to sell your debt to coerce payment
Call repeatedly with intent to annoy
Fail to identify themselves as debt collectors
Misrepresent their identity or authority
Threaten to seize property they can’t legally take
Threaten legal action they won’t or can’t take

Understanding these violations helps you recognize when collectors cross the line.

Detailed Breakdown of Major FDCPA Violations

Calling Outside Permitted Hours

Under 15 U.S.C. § 805(a)(1), collectors cannot call before 8 a.m. or after 9 p.m. The law bases these hours on your time zone, not theirs. Calls at 7:30 a.m. or 10 p.m. violate your rights.

An exception applies if you’re traveling in a different time zone. The collector wouldn’t know about temporary travel plans.

Workplace Contact When Prohibited

Your employer expects you to work, not handle personal calls. Debt collectors cannot contact you at work if your employer prohibits it. You must tell the collector your workplace doesn’t allow such calls.

Reference 15 U.S.C. § 805(a)(3) when filing a complaint about workplace harassment.

Disclosing Your Debt to Third Parties

Under 15 U.S.C. § 805(b), collectors cannot tell others about your debt. Your spouse, children, friends, and coworkers should never hear about it. Only your attorney, credit reporting agencies, and the collector’s attorney can know.

If your teenager says a collector called about your debt, file a complaint.

Ignoring Your Request to Stop Contact

You can tell a debt collector to stop contacting you entirely. You must make this request in writing per 15 U.S.C. § 805(c). The collector must honor your request with one exception.

Collectors can contact you again only if they plan to take specific action. Filing a lawsuit is one example of permissible recontact.

Harassment and Abusive Behavior

Under 15 U.S.C. § 806, collectors cannot engage in harassing or abusive conduct:

Threatening violence against you, your reputation, or your property
Using obscene or profane language
Publishing lists of consumers who allegedly owe debts
Advertising the sale of your debt publicly
Calling repeatedly throughout the day to annoy you
Calling without properly identifying themselves

Example: Jane owes $500 to Free for All Finance. After she loses her job, the company instructs collectors to call daily and scream obscenities. After three such calls, Jane files an FTC complaint. The FTC fines Free for All Finance $1,000 per illegal call.

Advertising Debt Sales as Coercion

15 U.S.C. § 806(4) prohibits collectors from threatening to sell your debt. Collectors cannot use this tactic to pressure you into immediate payment. Such threats constitute illegal coercion under federal law.

Repeated Calls to Annoy or Harass

According to 15 U.S.C. § 806(5), calling repeatedly with intent to annoy is harassment. Even if you answer, multiple calls designed to irritate violate the law. Robocalling also falls under this prohibition in most cases.

Failing to Disclose Collector Identity

Every communication must include a clear disclosure. The collector must identify themselves as a debt collector. They must state they’re contacting you to collect a debt.

15 U.S.C. § 806(6) requires this disclosure in all formats: phone, email, letter, social media, and in-person.

Misrepresenting Identity or Authority

Collectors cannot pretend to be someone they’re not. They cannot claim to be law enforcement officers. They cannot suggest government affiliation that doesn’t exist.

Under 15 U.S.C. § 807, letters designed to look like legal documents are deceptive. Collectors must be honest about who they are and their authority.

Threatening to Seize Unsecured Property

15 U.S.C. § 808(6) prohibits threats collectors cannot legally execute. If your debt is unsecured, collectors cannot threaten your house or car. Only secured debts give collectors rights to specific property.

Inform the collector they lack legal authority for such threats. Then file your FTC complaint immediately.

How to Report FDCPA Violations

You can file a complaint with the FTC through their online portal. Document every violation with dates, times, and details of conversations. Save voicemails, letters, and emails as evidence.

You may also have the right to sue the collector directly. Successful FDCPA lawsuits can result in compensation up to $1,000 plus actual damages. Our partner Solo helps consumers respond to debt collection lawsuits and fight back against violations.

Protect Yourself During Debt Collection

Debt collectors can be intimidating, but they must follow the law. You have rights that federal law protects. Pay attention to how collectors communicate with you.

When you spot violations, take action immediately. File your FTC complaint online. Consider consulting an attorney about your specific situation.

Knowledge is your best defense against aggressive collection tactics. Understanding the FDCPA violations list empowers you to stand up for yourself.

Fighting Back Against Collectors

You have several options when dealing with debt collectors. A Debt Validation Letter forces collectors to prove the debt is valid. They cannot continue collection efforts until they provide proper documentation.

If you’ve been sued, you must respond to the lawsuit. An Answer to the complaint protects your legal rights. You can list defenses and challenge the collector’s claims in court.

Settlement may be your best option if you owe the debt. You can negotiate to pay less than the full amount. Our partner Solo helps you send and receive settlement offers without direct collector contact.

Knowing your rights gives you power in the collection process. Consumers can fight back and win against aggressive collectors.

Frequently Asked Questions

What is the FDCPA and how does it protect me?

The Fair Debt Collection Practices Act (FDCPA) is a federal law passed in 1977 that protects consumers from abusive debt collection practices. It sets strict rules for when and how collectors can contact you, prohibits harassment and threats, and requires collectors to identify themselves honestly. When collectors violate the FDCPA, you can file complaints and potentially receive compensation.

Can debt collectors call me at work?

Debt collectors can call you at work only if your employer permits such calls. Under 15 U.S.C. § 805(a)(3), once you inform the collector that your employer prohibits personal calls, they must stop contacting you at your workplace. Continued workplace calls after this notice constitute an FDCPA violation.

How do I report FDCPA violations?

You can report FDCPA violations by filing a complaint with the Federal Trade Commission through their online portal. Document all violations with dates, times, and detailed notes of conversations. Save voicemails, letters, and emails as evidence. You may also have the right to sue the collector directly for violations.

What happens if a collector threatens to seize my property?

If a debt collector threatens to seize your house or other property for an unsecured debt, they are violating 15 U.S.C. § 808(6). Collectors can only threaten to take property that actually secures the debt. Inform them they lack legal authority for such threats, then file an FTC complaint immediately.

Can I make debt collectors stop calling me completely?

Yes, you can request that debt collectors stop contacting you entirely. You must send this request in writing per 15 U.S.C. § 805(c). After receiving your written request, collectors must stop all communication except to notify you of specific actions like filing a lawsuit against you.

FDCPA Violations List: Know Your Rights Against Debt Collectors