Overview of Law

The Fair Debt Collections Practices Act (FDCPA) was enacted to prevent debt collectors from being abusive or deceptive when collecting a debt.

Who is a debt collector?

A debt collector is a person who regularly attempts to collect debts. Collection agents are debt collectors and so are lawyers who regularly attempt to collect debts.

What are debt collectors not allowed to do?

A. Harassment. A debt collector may not harass, oppress, or abuse any person in connection with the collection of any debt. Example

B. False statements. A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Example

C. Unfair practices. A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Example

When can a debt collector call?

Generally, a debt collector can call a consumer between the hours of 8:00am and 9:00pm. Note

Can a debt collector contact a consumer at work?

A debt collector is allowed to contact a consumer at work. However, if the collector knows that the consumer’s employer does not approve of such contact, or if the collector knows that it is inconvenient for the consumer to receive calls at work, then the collector is not permitted to call the consumer at work. If a consumer notifies the debt collector that their employer does not allow them to be contacted at work, or that it is inconvenient, then the collector must stop contacting the consumer at work.

Are debt collectors allowed to contact a consumer’s friends, neighbors, or relatives about a debt?

No. Debt collectors are not allowed to contact third parties about a consumer’s debt except to try to find out the consumer’s telephone number, or where the consumer lives or works. If the debt collector already knows how to contact the consumer, then they are not allowed to contact any third party at all. Debt collectors are not permitted to tell third parties that they are trying to collect a debt. Tip

How can a consumer stop a debt collector from contacting them?

A consumer can stop a debt collector from contacting them by sending the debt collector a letter. The letter should be clear that the consumer does not want to be contacted any longer about the debt.

What things must a debt collector tell a consumer?

The law requires that the debt collectors notify consumers about their rights. Within five days of the first time the debt collector contacts a consumer, the collector must send the consumer a notice informing them of the amount of the debt, and the name of the current creditor. If a consumer sends a written demand to the debt collector within 30 days from receiving their notice, the debt collector must also provide the consumer with evidence that the debt is owed and the name of the original creditor. If the debt collector does not send the requested information, then that debt collector is not allowed to try to collect this debt any longer.


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