Getting collection calls can be stressful. But there are rules. The Fair Debt Collection Practices Act (FDCPA) is a federal law that restricts what many third-party debt collectors can do.
This post covers common illegal tactics, what to document, and practical steps you can take without making the situation worse.
First: who is covered by the FDCPA?
The FDCPA generally applies to third-party debt collectors collecting consumer debts (credit cards, medical bills, personal loans, etc.). It often does not apply to the original creditor collecting its own debt (though other laws may).
Common FDCPA violations consumers report
Harassment and abuse
- Repeated calls intended to annoy or harass
- Threats of violence
- Profane or abusive language
False or misleading statements
- Claiming you’ll be arrested
- Pretending to be an attorney when they’re not
- Misstating the amount you owe
- Saying they’ve filed a lawsuit when they haven’t
Unfair practices
- Collecting amounts not permitted by the agreement or law
- Depositing post-dated checks early (in some contexts)
Improper third-party contact
- Discussing your debt with neighbors, coworkers, or family (with limited exceptions)
- Calling you at work after you tell them not to
What to do if you’re being contacted
Step 1: Don’t ignore it—but don’t panic
Ignoring can lead to missed deadlines, especially if a lawsuit is filed. But you also don’t need to give collectors more information than necessary.
Step 2: Start a call/text log
Track:
- Date/time
- Number used
- Caller name/company
- What was said
- Any threats or unusual statements
Step 3: Save voicemails and screenshots
Voicemails can be powerful evidence. Save:
- Audio files
- Transcripts
- Caller ID screenshots
Step 4: Request validation in writing
You generally have the right to request verification/validation of the debt. Keep copies of what you send.
Step 5: Put disputes and “stop calling” requests in writing
If you dispute the debt or want communications limited, written requests create a clean record.
What to document (checklist)
- Every phone number used to contact you
- Every voicemail (download if possible)
- Letters/envelopes (keep the envelope)
- Emails and texts
- Any threats (lawsuit, wage garnishment, arrest)
- Any contact with third parties
- Any calls after you requested they stop calling your workplace
Watch out for lawsuits and deadlines
If you receive a summons/complaint, do not wait. Court deadlines can be short. Even if the debt is wrong, missing a deadline can lead to a default judgment.
When legal help makes sense
If you’re seeing harassment, false threats, or repeated calls after you asked them to stop, a consumer lawyer can evaluate whether the conduct violates the FDCPA and whether additional options exist.
If you’re dealing with aggressive debt collection calls or misleading threats, contact Ginsburg Law Group, PC. Get a free case evaluation.
