Getting a call from a debt collector is stressful. Getting repeated calls—especially at work, early in the morning, or after you’ve asked them to stop—can feel like harassment.
The Fair Debt Collection Practices Act (FDCPA) is a federal law that sets rules for how many third-party debt collectors can contact you and what they can say. It doesn’t erase legitimate debts, but it can protect you from abusive tactics.
First: who does the FDCPA apply to?
The FDCPA generally applies to third-party debt collectors collecting consumer debts (credit cards, medical bills, personal loans). It often does not apply to:
- The original creditor collecting its own debt (with some exceptions)
- Business debts
Even if the FDCPA doesn’t apply, other state and federal laws may.
Common FDCPA violations (plain-English examples)
Here are behaviors that may cross the line:
- Calling repeatedly to annoy or harass you
- Calling you before 8 a.m. or after 9 p.m. (your local time)
- Contacting you at work after you tell them your employer doesn’t allow it
- Using threats they don’t intend or legally can’t carry out
- Lying about the amount owed or who they are
- Discussing your debt with other people (with limited exceptions)
- Failing to send required written validation information
What to do immediately: a calm, documented approach
1) Start a call log today
Create a simple log with:
- Date/time of each call
- Phone number (if available)
- Name of caller/company
- What was said (short summary)
- Whether you told them to stop calling
2) Save voicemails and screenshots
Voicemails can be important evidence. Take screenshots of call history and any texts.
3) Ask for written validation
If you haven’t received a letter explaining the debt, request validation in writing. Keep a copy of what you send.
4) Consider a “stop contact” letter (with strategy)
In many situations, consumers can send a written request that a collector stop contacting them. But timing matters: if the debt is valid and the collector is determined, cutting off calls may increase the chance they choose other collection steps. A lawyer can help you evaluate the best approach for your situation.
What to document (your evidence checklist)
- Call log (dates/times)
- Voicemails (download/save)
- Letters and envelopes (keep the envelope too)
- Emails or texts
- Any payment records you have
- Credit report entries related to the debt
- Notes of any threats or misleading statements
If you’re being contacted at work
If calls at work are causing problems, take these steps:
- Tell the collector clearly: “My employer does not allow personal collection calls at work.”
- Follow up in writing (email or letter) if possible.
- Document any continued calls after you gave notice.
What if the debt isn’t yours?
Mistaken identity and mixed files happen. If you believe the debt is not yours:
- Request validation in writing
- Ask for the original creditor information
- Check your credit reports
- Avoid admitting the debt over the phone
What not to do
- Don’t ignore court papers. If you’re served with a lawsuit, deadlines move fast.
- Don’t rely on a collector’s “verbal deal.” Get settlement/payment terms in writing.
- Don’t assume you have no options. Even if a debt is real, collection tactics still have rules.
next step: get a legal review of the calls and letters
If you’re dealing with aggressive collection calls or misleading letters, it’s worth having an attorney review what’s happening—especially if you have voicemails, repeated call logs, or threats.
Ginsburg Law Group, PC helps consumers evaluate potential FDCPA claims and related consumer protection issues. If you want us to take a look, gather your call log, letters, and any voicemails, and contact the firm for a case evaluation.
