FDCPA

Top 10 FDCPA Violations (And How to Spot Them)

Most people know debt collectors can’t threaten jail or use abusive language.

But many FDCPA violations are subtle — and consumers often don’t realize their rights have been violated.

If you’re dealing with collections, here are 10 common Fair Debt Collection Practices Act (FDCPA) violations that people frequently miss.


1️⃣ Calling Before 8 a.m. or After 9 p.m.

Debt collectors generally cannot contact you:

  • Before 8:00 a.m.
  • After 9:00 p.m.

The time limit is based on your local time zone.

Even one early morning or late-night call may violate federal law.


2️⃣ Contacting You at Work After You Said “Don’t”

If you tell a collector that your employer does not allow personal calls, they must stop calling you at work.

Many consumers don’t realize:
You only have to say it once.

Continued workplace contact can violate the FDCPA.


3️⃣ Talking to Your Family About Your Debt

Collectors may contact third parties only to obtain “location information.”

They cannot:

  • Tell your parents you owe money
  • Discuss the balance
  • Ask family members to pressure you

Improper third-party disclosure is one of the most common FDCPA violations.


4️⃣ Leaving Voicemails That Reveal the Debt

If a collector leaves a voicemail that:

  • Mentions the debt
  • Mentions the company is a debt collector
  • Can be heard by others

That may qualify as an illegal disclosure, depending on the circumstances.

Voicemail violations are often overlooked.


5️⃣ Failing to Send a Validation Notice

Within five days of first contact, a debt collector must send a written notice stating:

  • The amount of the debt
  • The name of the creditor
  • Your right to dispute the debt within 30 days

If they fail to provide this notice, it may violate the FDCPA.


6️⃣ Continuing to Collect After You Dispute the Debt

If you dispute the debt in writing within 30 days, the collector must:

  • Cease collection activity
  • Verify the debt
  • Provide validation before resuming collection

Many consumers don’t realize collection must pause after a proper dispute.


7️⃣ Misrepresenting the Amount Owed

Collectors cannot:

  • Inflate balances
  • Add unauthorized fees
  • Misstate interest
  • Demand amounts not permitted by contract or law

Even small overstatements may violate the FDCPA.


8️⃣ Threatening Legal Action They Don’t Intend to Take

Collectors cannot:

  • Threaten arrest
  • Threaten jail
  • Threaten lawsuits they have no intention of filing
  • Claim they are about to garnish wages without a judgment

False threats are illegal.


9️⃣ Repeated or Harassing Calls

Even during legal hours, collectors cannot:

  • Call repeatedly to annoy or harass
  • Call multiple times per day excessively
  • Hang up repeatedly (so-called “ring and drop” calls)

Harassment doesn’t require abusive language — frequency alone can be enough.


🔟 Contacting You After You Have an Attorney

If a collector knows you are represented by an attorney, they generally must communicate through your lawyer.

Continuing to contact you directly may violate the FDCPA.


Bonus: Social Media and Email Violations

Collectors are increasingly using:

  • Facebook messages
  • LinkedIn messages
  • Emails

Public posts about your debt or deceptive online contact can also violate federal law.


What Can You Recover?

If a debt collector violates the FDCPA, you may be entitled to:

  • Up to $1,000 in statutory damages
  • Additional actual damages (in some cases)
  • Attorney’s fees and costs

Many FDCPA cases are handled with no upfront legal fees because the law allows fee shifting.


The One-Year Deadline

FDCPA claims generally must be filed within one year of the violation.

If you believe your rights were violated, it’s important to act promptly.


The Bottom Line

Not all FDCPA violations are obvious.

Early morning calls, subtle disclosures, incorrect balances, and failure to validate are common — and often missed.

If you suspect a collector crossed the line, preserving evidence and reviewing your rights may help you determine whether you have a claim.

Related Posts

Leave a Reply

Your email address will not be published.Required fields are marked *