The U.S. Fair Debt Collection Practices Act controls creditor harassment and requires that a debt collector treat debtors fairly by prohibiting unfair, deceptive, or abusive practices while collecting debts.

Some of your rights under the Fair Debt Collection Practices Act include:

A Debt Collector or Collection Agency may only contact you between 8 a.m. and 9 p.m., only times that are convenient for you.
A Debt Collector or Collection Agency may not contact you at your job if they know your employer disapproves. (You should notify the caller in writing and keep a copy. They cannot call at your job after being told it is inconvenient and that your employer does not allow this.)
A Debt Collector or Collection Agency may not harass, oppress, or abuse you.
A Debt Collector or Collection Agency may not lie when collecting debts, such as falsely implying that you have committed a crime.
A Debt Collector or Collection Agency must identify themselves to you on the phone.
A Debt Collector or Collection Agency must stop contacting you if you ask them to in writing.
Here are some other general questions about the Fair Debt Collection Practices Act.

What is the Fair Debt Collection Practices Act?

What debts are covered by the Fair Debt Collection Practices Act?

Who is a debt collector?

How may a debt collector contact a Debtor?

Can a debtor stop a debt collector from contacting them?

May a debt collector contact anyone else about a Debtor’s debt?

What must the debt collector tell the debtor about the debt?

May a debt collector continue to make contact if the debtor believes they do not owe money?

What types of debt collection practices are prohibited?

What control does a debtor have over payment of debts?

What should I do if a debt collector violates my rights as outlined in the Fair Debt Collection Practices Act?

What is the Fair Debt Collection Practices Act?
The U.S. Fair Debt Collection Practices Act, also referred to as the Federal Debt Collection Practice Act, requires that debt collectors and collection agencies treat Debtors fairly by prohibiting certain methods of debt collection. Of course, the law does not forgive any legitimate debts owed. (The Canadian Consumer Protection laws are very similar.)

What debts are covered?
Personal, family, and household debts are covered under the Federal Debt Collection Practice Act. This includes money owed for the purchase of an automobile, for medical care, or for charge accounts.

Who is a debt collector?
A debt collector, or collection agency, is any person or entity, other than the creditor, who regularly collects debts owed to others. Under a 1986 amendment to the Fair Debt Collection Practices Act, this includes attorneys who collect debts on a regular basis.

How may a debt collector contact a debtor?
A collector or collection agency may contact a debtor in person, by mail, telephone, telegram, or FAX. However, a debt collector or collection agency may not contact a Debtor at unreasonable times or places, such as before 8 a.m. or after 9 p.m., unless they agree. Also, a debt collector or collection agency may not contact a Debtor at work if the debt collector or collection agency knows that the Debtor’s employer disapproves. Creditor harassment is prohibited under the Fair Debt Collection Practices Act.

Can a debtor stop a debt collector from contacting them?
Yes they can stop a debt collector or collection agency from contacting them by writing a letter to the collection agency telling them to stop. Once the collection agency receives the letter, they may not contact the debtor again except to say there will be no further contact. The agency may notify the debtor if the debt collector or the creditor intends to take some specific action. Creditor harassment is prohibited under the Fair Debt Collection Practices Act.

May a debt collector contact anyone else about a Debtor's debt?
If the debtor has an attorney, the debt collector or collection agency may not contact anyone other than their attorney. If they do not have an attorney, a collector, or collection agency, may contact other people, but only to find out where the debtor lives and works. Collectors usually are prohibited from contacting such permissible third parties more than once. In most cases, the collector or collection agency may not tell anyone other than the Debtor and their attorney that the Debtor owes money. This would be termed creditor harassment under the Federal Debt Collection Practice Act.

What must the debt collector tell the debtor about the debt?
Within five days after the debtor is first contacted, the debt collector must send them a written notice telling them the amount of money they owe; the name of the creditor to whom the debtor owes the money; and what action to take if the debtor believes they do not owe the money. This is stated in the Federal Debt Collection Practice Act.

May a debt collector continue to make contact if the debtor believes they do not owe money?
A collector may not contact a debtor if, within 30 days after the debtor is first contacted, the debtor sends the collection agency a letter stating they do not owe money. However, a collector can renew collection activities if the debtor is sent proof of the debt, such as a copy of a bill for the amount owed. Creditor Harassment is strictly prohibited under the Fair Debt Collections Practices Act.

What types of debt collection practices are prohibited?
Creditor Harassment. Debt collectors or a collection agency may not harass, oppress, or abuse anyone. For example, debt collectors or a collection agency may not:

• use threats of violence or harm against the person, property, or
  reputation;
• publish a list of consumers who refuse to pay their debts (except to a
  credit bureau);
• use obscene or profane language;
• repeatedly use the telephone to annoy someone;
• telephone people without identifying themselves;
• advertise a debtor's debt.

False statements. A debt collector of collection agency may not use any false statements when collecting a debt. For example, a debt collector or collection agency may not:

• falsely imply that they are attorneys or government representatives;
• falsely imply that a debtor has committed a crime;
• falsely represent that they operate or work for a credit bureau;
• misrepresent the amount of a debtor's debt;
• misrepresent the involvement of an attorney in collecting a debt;
• indicate that papers being sent to a debtor are legal forms when they are
  not;
• indicate that papers being sent to a debtor are not legal forms when they
  are.

A Debt collectors or collection agency may not state that:

• a debtor will be arrested if they do not pay their debt;
• they will seize, garnish, attach, or sell a debtor's property or wages,
  unless the collection agency or creditor intends to do so, and it is legal to
  do so;
• actions, such as a lawsuit, will be taken against a debtor, which legally
  may not be taken, or which they do not intend to take.

A Debt collector or collection agency may not:

• give false credit information about a debtor to anyone;
• send a debtor anything that looks like an official document from a court or
  government agency when it is not;
• use a false name.

Unfair practices. A Debt collectors or collection agency may not engage in unfair practices when they try to collect a debt. For example, under the Federal Debt Collection Practice Act, a debt collector may not:

• collect any amount greater than the actual debt, unless allowed by law;
• deposit a post-dated check prematurely;
• make a debtor accept collect calls or pay for telegrams;
• take or threaten to take a debtor's property unless this can be done
  legally;

What control does a debtor have over payment of debts?
If a debtor owes more than one debt, any payment they make must be applied to the debt they indicate. A debt collector or collection agency may not apply a payment to any debt a debtor believes they do not owe. What can a debtor do if they believe a debt collector violated the Fair Debt Collection Practices Act? A debtor has the right to sue a collector in a state or federal court (U.S.) within one year from the date they believe the law was violated. If they win, they may recover money for the damages they suffered. Court costs and attorneys fees also can be recovered. A group of people also may sue a debt collector or collection agency and recover money for damages up to $500,000, or one percent of the collector's net worth, whichever is less as stated under the Federal Debt Collection Practice Act.

What should I do if a debt collector violates my rights?
You can contact a lawyer if you think the creditor or collection agency is doing something illegal or has violated the Fair Debt Collection Practices Act. You can also report this situation to a few agencies.

Federal Trade Commission
Debt Collection Practices
Washington, DC 20580
877-FTC-HELP (877-382-4357)
www.ftc.gov

Your State Banking Department
www.firstgov.gov