Debt Collection Harassment Laws in the US – What Lenders Cannot Do

The Fair Debt Collection Practices Act (FDCPA) is the main federal law that governs debt collection practices. It prohibits debt collection companies from using abusive, unfair, or deceptive practices to collect debts from you.

Important Limitation: The FDCPA generally does NOT cover collection by the original creditor. It applies primarily to third-party collection agencies, debt buyers, and lawyers collecting debts for others.

What Debt Collectors Cannot Do (The Full List)

Based on the FDCPA and CFPB guidance, here is what debt collectors are prohibited from doing:

Time and Place Restrictions

Debt collectors may not contact you at an unusual time or place, or at a time or place they know or should know is inconvenient to you. They are generally prohibited from contacting you:

• Before 8 a.m.
• After 9 p.m.
• At work – if they know or have reason to know you are not allowed to receive personal communications there

If a debt collector calls you when it is inconvenient to speak, you can tell them that and they are required to terminate the call.

Social Media Restrictions

A debt collector may not use social media to publicly post about a debt that they claim you owe. However, they can contact you privately on social media – unless you request that they not contact you that way.

If the debt collector communicates with you using an email address, text number, or other electronic medium, they must offer you a reasonable and simple method to opt out.

Harassment Prohibitions

Debt collectors may not harass you or anyone else over the phone or through any other form of contact, including text or email.

Representation by Attorney

If a debt collector knows that an attorney is representing you about the debt, the debt collector generally must stop contacting you and must contact the attorney instead. This applies only if the debt collector knows – or can easily find out – the name and contact information of your attorney.

What Debt Collectors Are Required to Do

Under the FDCPA, any FDCPA-covered debt collector who contacts you about a debt is required to tell you certain information about it, including:

• The amount of the debt
• The name of the creditor you owe
• Your right to dispute the debt
• How to request verification of the debt

Your Rights When Dealing with Debt Collectors

Right 1: You can demand they stop calling

You have the right to request that a debt collector stop contacting you. Send a written letter (certified mail, return receipt requested) stating that you refuse to pay the debt or want them to cease communication. Once they receive this letter, they can only contact you to confirm they will stop or to notify you of specific legal actions (like a lawsuit).

Right 2: You can dispute the debt

If you do not believe you owe the debt, dispute it in writing within 30 days of first contact. The collector must then verify the debt before taking further collection action.

Right 3: You can request validation

You have the right to request that the collector provide proof you owe the debt – including the original creditor's name and the exact amount owed.

Right 4: You can sue for violations

If a debt collector violates the FDCPA, you can sue them in state or federal court within one year of the violation. You may be entitled to:

• Actual damages (money you lost because of the violation)
• Statutory damages up to $1,000
• Attorney's fees and court costs

How to Document Harassment

The CFPB recommends:

• Keep all documents sent by the debt collector
• Write down dates and times of conversations
• Take notes about what was discussed
• Save any voicemails, texts, or emails

These records are essential if you decide to pursue legal action or file a complaint.

Where to Report Debt Collection Harassment

• CFPB – consumerfinance.gov/complaint (for complaints about both original creditors and third-party collectors)
• FTC – ReportFraud.ftc.gov (for general fraud and scam complaints)
• Your state attorney general – for violations of state debt collection laws
• Consumer protection attorney – if you are considering a lawsuit

State Laws May Offer More Protection

Most states have laws about debt collection practices, many of which are similar to the FDCPA. Some state laws cover the original creditor, while the FDCPA generally does not. Contact your state attorney general's office to learn more about the laws in your state.