Call Outside Permitted Hours
Collectors cannot call you before 8:00 AM or after 9:00 PM in your local time zone. Calls outside these hours are automatic FDCPA violations, regardless of whether you answered.
Know Your Rights
What Debt Collectors Cannot Do
The FDCPA prohibits debt collectors from engaging in abusive, deceptive, or unfair practices. These are violations you can sue over.
Contact You at Work
If you tell a collector — verbally or in writing — that your employer disapproves of such calls, they must stop contacting you at your workplace. Continued calls are a violation.
Threaten Violence or Harm
Any threat of violence, arrest, criminal prosecution, or other harm is strictly illegal. Collectors cannot use fear or intimidation to pressure you into paying.
Use Obscene or Profane Language
The FDCPA prohibits the use of obscene, profane, or abusive language during collection calls. This includes yelling, insults, and demeaning language of any kind.
Misrepresent the Debt Amount
Collectors cannot inflate the amount you owe, add unauthorized fees or interest, or misstate the balance. They also cannot falsely claim to be attorneys or government agents.
Contact Third Parties About Your Debt
Collectors generally cannot discuss your debt with your family members, friends, neighbors, or coworkers. They may only contact third parties to locate you — and even then, they cannot reveal that they are collecting a debt.
Your Action Plan
Steps to Take When Contacted
Follow these steps to protect yourself and preserve your legal rights.
01
Don't Ignore It
Ignoring a collector won't make the debt disappear. Engage strategically — but never admit to owing the debt or agree to pay without verifying the information first.
02
Request Verification
Within 30 days of first contact, send a written debt validation letter demanding proof that you owe the debt. The collector must stop all collection activity until they provide verification.
03
Document Everything
Save every voicemail, letter, text, and email. Log the date, time, and content of every phone call. This documentation becomes critical evidence if you pursue a legal claim.
04
Consult an Attorney
If a collector violates your rights, an FDCPA attorney can pursue statutory damages up to $1,000 per lawsuit, plus actual damages and attorney's fees — at zero cost to you.
Key Strategy
The Debt Validation Letter
Your most powerful tool when contacted by a debt collector is the debt validation letter. Under the FDCPA, you have the right to demand that the collector prove the debt is yours, that the amount is correct, and that they have the legal authority to collect it.
You must send your validation request within 30 days of the collector's initial communication. Once they receive your letter, all collection activity must cease until they provide adequate verification. If they continue to call or send letters without validating the debt, each contact is an additional FDCPA violation.
Your debt validation letter should request the name of the original creditor, the amount of the original debt, proof that the statute of limitations has not expired, and documentation showing the collector's authority to collect on the debt. Send it via certified mail with return receipt so you have proof of delivery.
Common Questions
Frequently Asked Questions
Yes, a collector can file a lawsuit to collect a debt — but only within the statute of limitations, which varies by state and debt type. In Florida, the statute of limitations on most debts is 5 years. If a collector threatens to sue on a time-barred debt, that itself is an FDCPA violation.
Send a debt validation letter immediately. If the collector cannot verify the debt, they must stop all collection efforts. If they continue to pursue a debt you don't owe, you likely have a strong FDCPA claim. Contact us for a free case evaluation.
Yes. Under the FDCPA, you can send a written cease-and-desist letter demanding that the collector stop all communication. Once received, they can only contact you to confirm they'll stop or to notify you of a specific legal action. Any further collection calls after receiving your letter are violations.
Under the FDCPA, you can recover up to $1,000 in statutory damages per lawsuit, plus any actual damages you suffered (emotional distress, lost wages, etc.), plus attorney's fees and court costs. The violator pays your legal fees — not you. In cases involving a pattern of violations, damages can be substantially higher.