Debt collector rights: what collectors can and cannot do
Quick answer
Under the federal Fair Debt Collection Practices Act and the CFPB's Regulation F, a third-party debt collector must send you a validation notice describing the debt, must not harass you or lie, generally cannot call before 8 a.m. or after 9 p.m. your time, and must stop most contact if you ask in writing. Dispute within the validation period (at least 30 days) to make them pause and verify, and complain to the CFPB if they break the rules.
A call from a debt collector can feel like an emergency. It rarely is. Federal law gives you time, information, and the right to push back. This guide covers the federal baseline; many states add stronger protections.
Who the rules cover
The Fair Debt Collection Practices Act (FDCPA) and the Consumer Financial Protection Bureau's Regulation F apply mainly to third-party collectors: collection agencies, debt buyers, and lawyers who regularly collect consumer debts for someone else. They cover personal, family, and household debts such as credit cards, medical bills, car loans, and mortgages. They do not generally cover a business debt, or the original lender collecting its own debt, although state law and other federal rules may.
The validation notice
Within five days of first contacting you, a collector must give you a validation notice (if the first message did not already include the information). It should show:
- the name of the creditor you owe and, for most debts, who the debt was originally with;
- the amount owed, with an itemization of interest, fees, payments, and credits since a set date;
- how to dispute the debt, and the date your dispute period ends.
Keep this notice. It is the anchor for everything else.
How to dispute a debt
If you think the debt is not yours, the amount is wrong, or you simply do not recognize it, dispute it in writing before the validation period ends. The period is at least 30 days after you receive the notice.
- Write that you dispute the debt and ask for verification and the name and address of the original creditor.
- Send it by a method you can prove, such as certified mail or the collector's online portal, and keep a copy.
- The collector must pause collection on the disputed part until it sends you verification.
You can still dispute after the deadline, but the collector does not have to pause. Disputing a debt is not the same as admitting it.
What collectors cannot do
| Not allowed | Examples |
|---|---|
| Harassment | Threats of violence, obscene language, calling over and over to annoy you |
| False statements | Pretending to be a lawyer or government official, misstating the amount, threatening arrest |
| Unfair practices | Adding fees not allowed by your agreement or by law, depositing a post-dated check early |
| Inconvenient contact | Calling before 8 a.m. or after 9 p.m. your local time, or at work if they know your employer forbids it |
| Telling others | Discussing your debt with family, friends, or your employer (they may contact others only to find your contact details) |
Regulation F also presumes a collector is harassing you if it calls about a particular debt more than seven times in seven days, or within seven days after a phone conversation with you about that debt.
Making them stop
You can tell a collector in writing to stop contacting you. After that they may contact you only to confirm they are stopping or to tell you about a specific action, such as filing a lawsuit. Stopping contact does not erase the debt, and the creditor can still sue.
You can also limit how they contact you: for example, no calls at work, or email only.
Old debts and lawsuits
Every state sets a statute of limitations for suing on a debt. Under Regulation F, a collector must not sue or threaten to sue on a time-barred debt. In some states, making a payment can restart the clock, so get advice before paying on a very old debt.
Never ignore a court summons. If you do not respond, the court can enter a default judgment, which may allow wage garnishment or a bank levy. Free legal aid may be available; see the Debt Rolodex directory.
Where to complain
- Consumer Financial Protection Bureau (855-411-2372)
- Federal Trade Commission ReportFraud (877-382-4357)
- Your state attorney general
Keep a log of every contact: date, time, name, what was said. It makes complaints and any legal claim much stronger.
General information, not legal or financial advice. Laws differ by state and change over time. For advice about your situation, contact legal aid or a nonprofit counselor listed in the directory.
Sources and further reading
We link to primary or official sources wherever we can. Guidance changes, so check the source before acting on anything important.