Understanding Your Rights Under the FDCPA
The Fair Debt Collection Practices Act (FDCPA) protects consumers from abusive debt collection practices. Here are your key rights:
What Debt Collectors Cannot Do
- Call before 8 AM or after 9 PM
- Call you at work if you tell them not to
- Use profane or abusive language
- Threaten violence or legal action they cannot take
- Discuss your debt with others (except your attorney)
- Misrepresent the amount or legal status of the debt
What You Can Do
- Request debt validation in writing
- Dispute the debt if it is not yours
- Request they stop calling you
- Report violations to the CFPB
- Sue for damages if they violate the FDCPA
The Debt Validation Process
Within 30 days of first contact, you can request debt validation:
Sample Debt Validation Letter
Send this via certified mail:
"I am requesting validation of the debt you claim I owe. Please provide:
- The original creditor name and account number
- The amount of the debt when it was charged off
- Proof you have the right to collect this debt
- A complete payment history
Until you provide this information, please cease all collection activities."
Common Debt Collector Tactics
Time-Barred Debts
Old debts may be past the statute of limitations. Making a payment can restart the clock, so be careful.
Zombie Debts
These are old debts that have been sold multiple times. Always verify the debt belongs to you.
Phantom Debts
Some collectors try to collect debts that do not exist. Never pay without proper validation.
Negotiating with Collectors
If the debt is valid and you want to settle:
- Get any agreement in writing before paying
- Negotiate for "pay for delete" if possible
- Keep records of all communications
- Consider settling for less than the full amount
When to Seek Professional Help
Consider professional credit repair assistance if:
- You are dealing with multiple collectors
- The debt collector has violated the FDCPA
- You need help disputing inaccurate information
- You want to negotiate complex settlements