The FDCPA and Your Rights Against Debt Collectors

Owing money does not strip you of your rights. That is the foundation of the Fair Debt Collection Practices Act, a federal law that sets clear boundaries on what debt collectors can and cannot do when trying to collect a debt. If you have ever been harassed, threatened, or misled by a debt collector, the FDCPA gives you legal tools to fight back.

Many of our clients in Pittsburgh come in knowing something is wrong with how a collector has treated them but are not sure whether the law is on their side. In most cases, it is.

Who the FDCPA Covers

The FDCPA applies to third-party debt collectors, meaning companies or individuals who collect debts owed to someone else. This includes collection agencies, debt buyers who purchase accounts, and attorneys who regularly collect debts.

The law generally does not apply to original creditors collecting their own debts. So if your credit card company calls you about a past-due balance, the FDCPA does not cover that call. But the moment they sell or assign that account to a collection agency, the FDCPA kicks in.

The law covers personal, family, and household debts. Credit card bills, medical debts, auto loans, and mortgages all qualify. Business debts are excluded.

What Debt Collectors Cannot Do

The FDCPA prohibits a wide range of abusive, deceptive, and unfair practices. Some of the most common violations we see in our practice include:

Harassment and abuse. Collectors cannot use threats of violence, use profane language, call repeatedly with the intent to annoy, or publish lists of consumers who refuse to pay. If a collector is calling you ten times a day, using intimidating language, or making you feel threatened, they are breaking the law.

False or misleading statements. A collector cannot lie about the amount you owe, falsely claim to be an attorney or government representative, threaten actions they do not intend to take (like filing a lawsuit they will never actually file), or misrepresent the consequences of not paying.

Unfair practices. Collectors cannot collect amounts not authorized by the original agreement, deposit post-dated checks early, threaten to seize property they have no legal right to take, or contact you by postcard (which would reveal your debt to anyone who sees it).

Your Right to Verification

Within five days of first contacting you, a debt collector must send a written notice containing the amount of the debt, the name of the creditor, and your right to dispute the debt within 30 days.

If you send a written dispute within those 30 days, the collector must stop all collection activity until they provide verification. This is your right to make them prove the debt is valid and the amount is accurate. Given how often debts are sold and transferred with incomplete records, this step alone can sometimes resolve the issue.

Always dispute in writing, sent by certified mail. A phone call does not trigger the same protections.

Communication Restrictions

Debt collectors can only contact you at reasonable times and places. Calls before 8 a.m. or after 9 p.m. are prohibited unless you have agreed to them. If you tell a collector in writing not to contact you, they must comply. They can only send one final communication confirming they will stop or informing you of a specific legal action.

Collectors cannot contact you at work if you tell them your employer does not permit it. They cannot discuss your debt with anyone other than you, your spouse, or your attorney. Calling your family members, neighbors, or coworkers to pressure you into paying is a clear violation.

If you have an attorney, the collector must communicate with your attorney instead of contacting you directly. This alone can provide significant relief from the stress of constant calls and letters. Filing for bankruptcy also stops all collection contact through the automatic stay.

What You Can Do If a Collector Violates the FDCPA

If a debt collector violates the FDCPA, you have the right to sue them in federal or state court. You can recover actual damages (such as emotional distress or lost wages), statutory damages up to $1,000 per lawsuit, and attorney fees. In class action cases, statutory damages can reach $500,000 or one percent of the collector's net worth.

You have one year from the date of the violation to file a lawsuit. Keeping records is important. Save every voicemail, letter, text message, and email from the collector. Note the dates and times of calls, what was said, and who said it. These records become evidence if you decide to take legal action.

You can also file complaints with the Consumer Financial Protection Bureau and the Pennsylvania Attorney General's office. These agencies track collector behavior and can take action against repeat offenders.

If debt collectors are making your life difficult and you are not sure what to do, schedule a consultation with our office. Whether the answer is asserting your rights under the FDCPA, filing for bankruptcy, or both, we can help you figure out the best course of action for your situation.