How to File an FDCPA Complaint Against Debt Collectors

Someone trying to collect a debt from you? Think they broke the rules?

You can fight back. Filing an FDCPA complaint might get you compensation and protection.

We’ll show you exactly how to report violations and protect your rights.

What FDCPA Violations Justify Filing a Complaint?

Debt collectors face strict rules under federal law. The Fair Debt Collection Practices Act sets clear boundaries.

Understanding these rules helps you spot violations. Knowledge gives you power to fight back.

Important note: The FDCPA only covers third-party collectors. Original lenders follow different rules.

What Debt Collectors Must Do

Collectors must follow these requirements when contacting you:

• State they are collecting a debt
• Explain information you share helps them collect the debt
• Give their name and agency name

What Debt Collectors Cannot Do

The prohibited actions list is much longer. Collectors face serious restrictions.

• Contact you before 8 AM or after 9 PM
• Call your workplace if your employer prohibits such calls
• Discuss your debt with third parties
• Threaten violence or harm to your reputation
• Use obscene, profane, or abusive language
• Publish your name as someone who refuses payment
• List your debt for public sale
• Call repeatedly to harass you
• Pretend to be law enforcement
• Lie about the amount owed
• Falsely claim to be an attorney
• Threaten actions they won’t take
• Use fake business names
• Add unauthorized fees or interest

Limited Third-Party Contact Exceptions

Collectors can contact specific people about your debt:

• Your attorney (they must contact your lawyer if you have one)
• Credit reporting agencies
• The original creditor
• Co-debtors, parents (if you’re a minor), and your spouse (unless you requested they stop)

When locating you, collectors can contact others. But they still face restrictions.

They cannot tell others their employer name unless asked. They cannot mention you owe money.

Multiple contacts with the same person are prohibited. Exceptions apply only when the person requests it or previously gave wrong information.

Communication Rules

Collectors cannot use postcards or other insecure methods. Privacy protections prevent others from learning about your debt through casual mail viewing.

Send a Debt Validation Letter First

Your first defense is requesting debt validation. Force collectors to prove their claims.

A Debt Validation Letter requires collectors to verify the exact amount owed. They must prove you’re responsible for the debt.

They must also show they have rights to collect it.

Many collectors work with outdated or incorrect information. Formal validation requests expose weak claims.

Collectors often give up when they cannot validate the debt. Our partner Solo makes sending validation letters simple.

You avoid lawsuits and get collectors off your back.

How to Report FDCPA Violations

Collectors who violate the FDCPA face serious consequences. You can hold them accountable.

Keep detailed records of every contact attempt. Document who called, what they said, and when it happened.

Your records become crucial evidence for winning your case.

Sue Collectors for Violations

You can file a lawsuit against violators. Hiring an attorney has pros and cons.

Legal help means professional guidance through complex processes. It also means paying attorney fees.

Going alone saves money but requires navigating complicated procedures. Court rules vary by state and jurisdiction.

Most courts provide templates for people representing themselves. You’ll need detailed records of every violation.

Prepare answers to these questions:

• Who contacted you and what’s their address?
• Do you owe them money and how much?
• Do you have a contract with them?
• When was the contract created?
• Has anyone violated the contract?
• What exactly did they say to you?
• Did their contact cause you harm?

Our partner Solo can connect you with attorneys who handle debt collection cases.

File Complaints with Government Agencies

Multiple agencies accept FDCPA violation complaints. Each serves different purposes.

Consumer Financial Protection Bureau (CFPB)

The CFPB protects consumers from unfair and deceptive practices. They handle thousands of debt collection complaints monthly.

The agency provides tools to file complaints. Companies typically respond within 15 days.

Ninety-seven percent of consumers get timely responses.

File a CFPB complaint here.

Federal Trade Commission (FTC)

The FTC oversees fair debt collection nationwide. Unlike the CFPB, they don’t resolve individual complaints.

The FTC focuses on big-picture enforcement. They bring major cases against companies.

Your complaint helps them identify patterns and bad actors.

Report to the FTC here.

State Attorney General

Your state may have specific debt collection laws. State attorneys general enforce these protections.

Check whether your state offers additional remedies beyond federal law.

Find your state’s attorney general.

Better Business Bureau (BBB)

The BBB is a private organization improving market fairness. They offer mediation services for disputes.

Binding arbitration provides an alternative to court proceedings. The BBB also reports violations to government agencies.

File a BBB complaint here.

Potential Damages You Can Recover

FDCPA violations qualify you for financial relief. You can recover multiple types of damages.

Statutory damages include up to $1,000 per violation. You don’t need to prove actual harm.

Additional Compensation

• Actual damages for physical and emotional distress
• Lost wages from harassment
• Illegally garnished wages returned
• Attorney fees and court costs
• Court orders stopping future contact

Family members and coworkers can also sue. Anyone negatively affected by collector actions may have claims.

Most Common FDCPA Complaints

Understanding common violations helps you spot problems. Watch for these frequent issues:

• Attempting to collect debts not owed
• Improper written notifications
• Harassing communication tactics
• Threatening illegal legal action
• Making false statements
• Threatening to share information improperly

How Long Can Collectors Pursue Your Debt?

Statutes of limitations vary by state. Most range from three to six years.

Many factors affect these timeframes. Specific rules apply to different debt types.

Debts typically remain on credit reports for seven years. This timeline differs from collection lawsuit deadlines.