The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers from unfair, abusive, or deceptive debt collection practices. First passed in 1977, this law gives people important rights when they are dealing with debt collectors.
The FDCPA sets rules that all third-party debt collectors must follow. This includes collection agencies, attorneys who collect debts for others, and debt buyers who purchase old debts and try to collect them. These rules are meant to stop harmful behaviors and give consumers a fair chance to resolve their debts without being mistreated.
In 2025, debt collection remains a major part of consumer finance. The rise in medical bills, credit card debt, and unpaid loans has made collection practices more visible than ever. Without the protections offered by the FDCPA, people could be exposed to threats, harassment, or misleading tactics.
Consumers have the right to know their debts, ask questions, and even stop communication from collectors in certain cases. Understanding your FDCPA rights can help protect your finances and your peace of mind.
The FDCPA applies to anyone who regularly collects debts owed to others. This includes debt collection businesses, attorneys, and third-party debt collectors. It does not usually apply to the original creditor—that is, the lender or service provider you first owed money to.
If a bank, hospital, or store contacts you directly about a bill, the FDCPA might not apply. But if they hire or sell your debt to another company, then that company must follow the FDCPA’s rules.
To learn what to do when a debt collector calls you, visit Credit.org’s guide: What to Do if a Debt Collector Calls You.
The FDCPA outlines several rules debt collectors must follow. Here are some of the most important:
For more information about written notices and validation letters, you can read the FTC’s full text of the FDCPA.
If a debt collector breaks the rules, you have the right to take legal action. Consumers can sue in state or federal court within one year of the violation. If successful, they may recover damages, attorney’s fees, and even additional money for emotional distress.
Examples of violations might include:
Even if you owe the money, the law protects you from these abusive practices. You can also report unfair debt collection practices to the Consumer Financial Protection Bureau or your state attorney general’s office.
Several federal agencies play a role in enforcing the FDCPA. The most important ones are:
These federal agencies help ensure that collectors follow the rules and that consumers have a place to turn when their rights are violated.
Debt buyers are companies that purchase debts from original creditors, usually for a fraction of the full amount owed. Once they own the debt, they become the new collector and must follow the FDCPA.
Debt buyers must verify the debt, provide accurate information, and honor any requests from consumers to stop contacting them or dispute the debt. If a debt is no longer valid or has passed the legal limit for collection (called a “time barred debt”), they must also respect that limit.
To learn more about how to handle collection attempts that are mistaken or sent in error, visit: Dealing with Collection Letters Sent to You by Mistake.
Collectors are allowed to contact others, like your friends or employer, only to find your current location. This is known as collecting “location information.”
However, even these contacts come with strict limits:
Collectors who break these rules may be violating your privacy rights. You can report them and seek legal help if this happens.
One of the most common complaints from consumers is when debt collectors call over and over again. While the FDCPA doesn’t set a strict number of calls, repeated contact—especially when you’ve asked them to stop—can be considered harassment.
Harassment includes:
The CFPB’s 2021 rule updates help clarify what counts as harassment and the limits of excessive communication. For a helpful breakdown of these changes, review Venable LLP’s summary of the 2021 CFPB rule.
While the FDCPA is a federal law, each state has its own laws about debt collection too. In some states, consumers have even stronger protections. For example, some states lower the number of allowable contacts per week or give you more time to dispute a debt.
Collectors who violate state laws can be sued in state court, even if they follow the federal rules. If you believe a debt collector violated either the FDCPA or your state’s collection laws, you should consult an attorney or contact your state attorney general’s office.
To better understand your legal rights and how different laws apply, check out this Congressional summary: To Whom, and to Which Debts, Does the FDCPA Apply?
Each state sets a time limit, called the statute of limitations, on how long collectors can sue you for an unpaid debt. After that time runs out, the debt is considered “time-barred.”
Collectors can still ask you to pay old debts, but they cannot sue or threaten legal action if the statute of limitations has expired. This is one of the most misunderstood areas of debt collection.
If you accidentally make a payment or admit that you owe the debt, you might restart the clock on time-barred debt. That’s why it’s so important to ask for written notice and know your rights before responding.
To protect yourself from confusing or unfair tactics, visit Credit.org’s guide: Protect Yourself From Debt Shaming Collection Tactics
One of the most effective rights under the FDCPA is your ability to ask a debt collector to stop contacting you. This must be done in writing. Once they receive your letter, they can only contact you again to say they will no longer pursue the debt, or to inform you of specific legal action.
A stop-contacting letter does not erase the debt, but it gives you time to sort things out without pressure.
If you’re unsure what to say in your letter, many nonprofit financial counseling services can help you draft one. This protection is especially helpful if the collector is using tactics that border on harassment or if you need to organize your finances without constant interruptions.
The FDCPA clearly bans the use of obscene or profane language during telephone conversations. Collectors may not use threats or foul language to scare you into paying a debt.
It’s also illegal for collectors to:
The FDCPA also prohibits them from discussing your debt with anyone except your spouse, attorney, or the original creditor (if still involved). These rules are in place to protect your dignity and privacy.
When a collector first contacts you, they must send you a written notice within five days. This is called the validation notice. It should include:
If you request more information within those 30 days, the collector must stop collection until they verify the debt. This is one of the strongest protections under the FDCPA.
If they do not follow these steps, they may be violating the collection practices act FDCPA.
Debt collection has changed a lot in recent years. The CFPB clarified several rules about digital communication, such as texts, emails, and voicemails. While collectors can now contact you through these channels, they must:
These updates were made to help consumers keep up with modern communication while still being protected from abuse.
For a detailed look at how voicemail and digital rules evolved, see Credit.org’s article on FDCPA Voicemail Rules May Change
The FDCPA does not usually apply to the original creditor: the company you first owed the money to. However, if they hire a third party to collect, the collector becomes subject to the FDCPA.
Even if the original creditor is not covered by FDCPA rules, many states have similar protections in place. That’s why it’s important to check both federal and state law if you are being contacted about a debt.
For example, a medical provider contacting you about unpaid medical bills may not be a third-party collector. But if they sell that debt to a collection agency, the new party must follow all FDCPA rules.
Collectors are allowed to sue for unpaid debts, but only within legal limits. The FDCPA protects you from false or misleading threats. If a collector says they will sue you but doesn’t follow through or has no legal grounds, that could be a violation.
You have the right to be notified of any court action and to defend yourself. Make sure any summons is legitimate. Look for official court information and respond by the required date.
For an overview of what legal action might look like and what steps to take, review the National Consumer Law Center’s Fair Debt Collection Guide
The FDCPA strictly forbids debt collectors from using deceptive or abusive practices. This includes:
These types of abusive practices can confuse and scare consumers. If you believe a debt collector is being dishonest or deceptive, document all communication and file a complaint with the CFPB or FTC.
The FDCPA is part of a larger set of federal laws that protect consumers. Alongside laws like the Fair Credit Reporting Act (FCRA), it ensures people have access to accurate information and fair treatment in the credit system.
In 2025, the CFPB continues to update enforcement priorities. The agency focuses on:
You can read the latest regulatory and legal news on Consumer Finance Insights to stay informed about FDCPA developments.
Debt collectors may cross the line in many ways. Some of the most common violations include:
If you suspect a collector has violated the FDCPA, gather evidence such as voicemail recordings, call logs, letters, or texts. This documentation may help in legal proceedings or when submitting complaints to federal agencies.
The FDCPA only applies to debts taken on for personal, family, or household purposes. Business debts are not protected under the law. That means if you’re being contacted about a loan or account for a business you own, the collector may not have to follow FDCPA rules.
However, many collectors choose to follow FDCPA best practices in all interactions, and some states apply similar protections to business debts.
One of the strongest tools under the FDCPA is the written request. Whether you’re asking for debt validation, a stop to communication, or clarification of the amount owed, writing your request gives you legal power.
Always send your letter by certified mail with return receipt requested. Keep a copy for your records and track when the collector receives it.
This process is especially important when disputing old debts or responding to aggressive collection attempts. For guidance, visit Credit.org’s resources or speak with a credit counselor.
The FDCPA remains one of the most important consumer protection laws in the U.S. In recent years, it has adapted to digital contact methods, new debt collection technology, and changing court rulings.
Still, challenges remain. Many consumers do not know their rights or assume that they have no control once contacted by a collector. Education and enforcement continue to be critical in 2025.
Nonprofit groups, legal aid clinics, and credit counselors are working hard to help people understand the FDCPA and take action when those rules are broken.
To learn more, start with the CFPB’s Debt Collection Compliance Guide
As of this year, debt collectors must follow even clearer rules on:
These updates are the result of growing concerns over digital harassment and privacy violations.
For real-time legal updates, check out Consumer Finance Insights or refer to the FTC’s official text of the FDCPA
Dealing with debt collectors can be stressful, especially when you’re unsure of your rights. The Fair Debt Collection Practices Act offers strong protections, but knowing how to use them is just as important.
At Credit.org, we help individuals and families take control of their finances. Whether you’re dealing with credit card debt, student loans, medical bills, or collection accounts, our certified counselors are here to help.
We offer support with:
Don’t face collection calls alone. Reach out to Credit.org for free and confidential counseling today.
