What the FDCPA is (and why it matters)
The Fair Debt Collection Practices Act (FDCPA) is a federal law that regulates how many third-party debt collectors can contact you and what they can say or do.
Not every debt-related call is illegal. But if a collector crosses the line—harassment, threats, false statements, or improper contact—your documentation can make a huge difference.
This post focuses on practical steps you can take right now.
First: confirm who you’re dealing with
Before you engage, write down:
- Company name and the caller’s name
- Phone number they used
- Date/time of the call
- What they said the debt is for
- Who they claim the creditor is
If you’re unsure, you can ask for a written validation notice.
The documentation checklist
1. Create a call log
Use a simple table in your notes app:
- Date
- Time
- Number
- Caller/company
- What was said (short summary)
- Any threats or abusive language
- Whether they called your workplace or family
2. Save voicemails
Voicemails can be powerful evidence. Don’t delete them.
3. Keep letters and envelopes
Save:
- The letter
- The envelope (postmark can matter)
- Any inserts
Take photos/scans as backup.
4. Screenshot texts and caller ID
If you’re getting repeated calls or texts:
- Screenshot the message
- Capture the phone number and timestamp
5. Document improper third-party contact
If a collector contacts:
- Your employer
- Your family
- Your neighbors
Write down:
- Who was contacted
- What was said
- When it happened
What not to do
- Don’t ignore court papers. If you’re served with a lawsuit, deadlines matter.
- Don’t share sensitive info (SSN, bank details) unless you’re confident who you’re speaking with.
- Don’t escalate. Stay calm; your goal is to document.
A simple script for calls
If you answer, keep it short:
- “Please tell me your company name and mailing address.”
- “I’m requesting that you send me written validation of the debt.”
- “I’m keeping a record of all communications.”
You don’t have to argue about the debt on the phone.
Red flags to document
- Threats of arrest or criminal charges
- Calling repeatedly to harass
- Using obscene or abusive language
- Contacting you at work after being told not to
- Misrepresenting the amount owed or their identity
Whether something violates the law depends on the facts—so document specifics.
If you want the calls to stop
You may have the right to send a written request to stop communications (there are exceptions). Keep a copy and proof of mailing.
If you’re dealing with aggressive debt collection tactics, Ginsburg Law Group, PC can help you evaluate whether the conduct may violate consumer protection laws and what options you may have.
