# Understanding the Fair Debt Collection Practices Act (FDCPA) Rules

## What Is the Fair Debt Collection Practices Act (FDCPA)?

The Fair Debt Collection Practices Act (FDCPA) establishes limits on how third-party [debt](https://www.investopedia.com/terms/d/debt.asp) collectors engage with [debtors](https://www.investopedia.com/terms/d/debtor.asp), controlling communication methods, times, and frequency. Violations of these guidelines allow debtors the right to pursue legal action against collectors. Clarified by the [Consumer Financial Protection Bureau’s](https://www.investopedia.com/terms/c/consumer-financial-protection-bureau-cfpb.asp) Debt Collection Rule, these regulations protect against aggressive collection practices.

### Key Takeaways

*   The Fair Debt Collection Practices Act (FDCPA) regulates how, when, and how often debt collectors can contact debtors to ensure fair treatment.  
    
*   Violating the FDCPA gives debtors the right to sue debt collection agencies and individual collectors for damages in state or federal court.  
    
*   Debt collectors must provide a written validation notice within five days of initial contact, which includes details about the debt and options for dispute.
*   The FDCPA prohibits debt collectors from using abusive, deceptive, or unfair practices in their communication with debtors.
*   Collectors can contact third parties to locate debtors but cannot disclose the debt, and they must respect requests not to call workplaces.

## Understanding How the FDCPA Operates

The FDCPA creates a structure within which debt collectors are allowed to work in an attempt to make debt collection a fair and nonaggressive process.

The law restricts when collectors can call, what language they can use, and how they present themselves. Essentially, the law makes it illegal for them to threaten or harass you when they are trying to collect a debt.

> **Important**
>
> If a debt collector violates the parameters of the law, debtors may submit a complaint with the Consumer Financial Protection Bureau (CFPB) or take the debt collector to court.

The FDCPA doesn't cover people trying to collect personal debts themselves. If you owe money to the local hardware store, for example, and the owner of the store calls you to collect that debt, that person is not a [debt collector](https://www.investopedia.com/terms/d/debt-collector.asp) under the terms of the law.

The FDCPA only applies to [third-party debt collectors](https://www.investopedia.com/terms/d/debtassignment.asp), such as those who work for a debt [collection agency](https://www.investopedia.com/terms/c/collectionagency.asp). The law covers credit card debt, medical bills, student loans, mortgages, and other household debts.

## Illustrating FDCPA Protections: Real-Life Scenarios

The Fair Debt Collection Practices Act specifies that debt collectors cannot contact debtors at inconvenient times. This means they shouldn't call before 8 a.m. or after 9 p.m. unless they arrange a later time with the debtor.

If a debtor tells a collector that they want to talk after work at 10 p.m., for instance, the collector is allowed to call then. Without an invitation or agreement, however, the debtor cannot legally call at that time. Debt collectors may also send letters, emails, or text messages to collect a debt.

Debt collectors can attempt to reach debtors at their homes or offices. However, if a debtor tells a bill collector, either verbally or in writing, to stop calling their place of employment, the FDCPA says a collector must not call that number again.

Debt collectors can also contact debtors on social media but must follow certain rules. They may only contact debtors in a private manner that is hidden from other friends or connections. They must identify themselves as debt collectors, even when asking to connect. In every exchange, they must offer you a way to opt out of their communications as well.

The CFPB’s Debt Collection Rule also limits how many times a debt collector may call. They may not call more than seven times in a seven-day period. However, they may message, text, or email you more frequently.

Within five days of contact, a debt collector must send a written [validation notice](https://www.investopedia.com/the-importance-of-a-debt-validation-letter-5114040) that includes:

*   How much money the debtor owes
*   The name of the creditor to whom the debt is owed
*   Notice that they have 30 days to dispute the debt and what to do
*   A tear-off portion to use as a dispute form

> **Important**
>
> The FDCPA makes it illegal for debt collectors to use abusive, unfair, or deceptive practices when they attempt to collect debts.

## Additional FDCPA Rules and Regulations

Debtors can also stop collectors from calling their home phones, but they must put the request in a letter and send it to the debt collector. It's wise to send the letter by [Certified Mail](https://faq.usps.com/s/article/Certified-Mail-The-Basics#whatiscm) and get a return receipt as proof the collector received it.

If a collector does not have contact information for a debtor, they can call relatives, neighbors, or associates of the debtor to try to find the debtor’s phone number, but they cannot reveal any information about the debt, including the fact that they are calling from a debt collection agency. (The collector may only discuss the debt with the debtor or their spouse.) Additionally, collectors can only call third parties one time each.

The law makes it illegal for debt collectors to harass debtors in other ways, including threats of bodily harm or arrest. They also cannot lie or use profane or obscene language. Additionally, debt collectors cannot threaten to sue a debtor unless they truly intend to take that debtor to court.

## Can a Debt Collector Physically Come to My Place of Business?

A debt collector is not allowed to physically come to your place of employment. The Fair Debt Collection Practices Act (FDCPA) considers a physical visit to your workplace “publicizing” your debt. They may call you at work, but if you tell them to stop, they must comply.

## What Can I Do If I’m Being Harassed by a Debt Collector?

If you feel that a debt collector has violated the FDCPA, you may contact the Consumer Financial Protection Bureau (CFPB) or your state’s attorney general.

## What Is Considered Harassment Under the Fair Debt Collection Practices Act (FDCPA)?

Harassment can include repetitive phone calls, calling very early or very late, obscene or threatening language, publicizing the debt, and calling without identifying themselves as a debt collector.

## The Bottom Line

Under the Fair Debt Collection Practices Act (FDCPA), debtors have the right to be free from abusive, deceptive, and unfair debt collection practices. This federal law sets clear boundaries on when, how, and how often third-party debt collectors can contact you, ensuring a fair collection process. If collectors violate these rules, you can take action by suing them or filing a complaint with the Consumer Financial Protection Bureau. Understanding these protections empowers you to better handle debt collection encounters and safeguard your [rights](https://www.investopedia.com/terms/m/minimiranda-rights.asp).

> **Article Sources**
>
> 1.  Consumer Financial Protection Bureau. “[Understand How the CFPB’s Debt Collection Rule Impacts You](https://www.consumerfinance.gov/about-us/blog/understand-how-cfpb-debt-collection-rule-impacts-you/).”
>     
> 2.  Federal Trade Commission. “[Fair Debt Collection Practices Act](https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text).”
>     
> 3.  Board of Governors of the Federal Reserve System. “[Fair Debt Collection Practices Act: Compliance Handbook](https://www.federalreserve.gov/boarddocs/supmanual/cch/fairdebt.pdf),” Page 2.
>     
> 4.  Board of Governors of the Federal Reserve System. “[Fair Debt Collection Practices Act: Compliance Handbook](https://www.federalreserve.gov/boarddocs/supmanual/cch/fairdebt.pdf),” Page 1.
>     
> 5.  Federal Trade Commission, Consumer Advice. “[Debt Collection FAQs: How Can a Debt Collector Contact Me?](https://www.consumer.ftc.gov/articles/debt-collection-faqs)”
>     
> 6.  Board of Governors of the Federal Reserve System. “[Fair Debt Collection Practices Act: Compliance Handbook](https://www.federalreserve.gov/boarddocs/supmanual/cch/fairdebt.pdf),” Pages 2–3.
>     
> 7.  Consumer Financial Protection Bureau. “[What Is Harassment by a Debt Collector?](https://www.consumerfinance.gov/ask-cfpb/what-is-harassment-by-a-debt-collector-en-336/)”