Your Rights Under the FDCPA: A Complete Guide

The Fair Debt Collection Practices Act (FDCPA) is a federal law (15 U.S.C. § 1692) that regulates how third-party debt collectors can contact you and what they can say. It was enacted in 1977 to eliminate abusive practices in the debt collection industry.

The FDCPA applies to third-party debt collectors — companies that collect debts owed to other creditors. It generally does not apply to original creditors collecting their own debts, though many states (including Wisconsin, through the Wisconsin Consumer Act) have similar protections that cover original creditors as well.

Under the FDCPA, debt collectors are prohibited from:

Harassment or Abuse: Calling repeatedly to annoy you, using threats of violence, using obscene language, or publishing your name on a "deadbeat" list.

False or Misleading Statements: Claiming to be an attorney when they're not, misrepresenting the amount you owe, threatening legal action they don't intend to take, or implying you've committed a crime.

Unfair Practices: Collecting fees not authorized by the original agreement, depositing post-dated checks early, threatening to seize property they have no legal right to, or communicating by postcard (which would reveal the debt to others).

Within 5 days of first contacting you, a debt collector must send you a written notice containing: the amount of the debt, the name of the creditor, and a statement that you have 30 days to dispute the debt.

If you send a written dispute within those 30 days, the collector must stop all collection activity until they provide verification of the debt. This is one of the most powerful tools available to consumers — use our Validation Letter Generator to create a proper validation request.

Debt collectors cannot call you before 8 AM or after 9 PM in your local time zone. They cannot contact you at work if you tell them your employer disapproves. They cannot contact you at all if you send a written cease-and-desist request (though they can still sue you).

If you have an attorney, the collector must communicate with your attorney instead of you. They also cannot discuss your debt with third parties (with limited exceptions for your spouse, parents of a minor, or your attorney).

If a debt collector violates the FDCPA, you have several options:

1. Document everything. Keep records of all calls (dates, times, what was said), letters, and voicemails.

2. File a complaint with the Consumer Financial Protection Bureau (CFPB) at consumerfinance.gov/complaint.

3. File a complaint with your state attorney general or consumer protection agency. In Wisconsin, that's the Department of Agriculture, Trade and Consumer Protection (DATCP).

4. Sue the collector. Under the FDCPA, you can recover up to $1,000 in statutory damages per lawsuit, plus actual damages (emotional distress, lost wages), and attorney's fees. Class actions can recover up to $500,000 or 1% of the collector's net worth.

5. The statute of limitations for FDCPA claims is 1 year from the date of the violation.