Debt Collection Harassment: Know Your Rights & Fight Back
122,000+ debt collection complaints filed with US CFPB annually. UK FOS received 60,364 credit card complaints in 2024/25 (148% increase). Collectors calling 10+ times daily, threatening arrest, contacting your employer? That's illegal. You can sue and win.
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Your Legal Rights Against Debt Collectors
US Rights (Fair Debt Collection Practices Act)
Call Limits (2021 CFPB Rule)
- 7-in-7 rule: Maximum 7 calls in 7 days per debt
- Time restrictions: Only 8am-9pm in your time zone
- No limit on emails/texts but must not be harassing
- Multiple debts = multiple 7-call limits (5 debts = 35 calls/week possible)
Prohibited Harassment
- Threatening violence, harm, criminal action
- Using obscene or abusive language
- Repeatedly calling to annoy or harass
- Publishing your name on "bad debt" lists
- Calling your employer (except to verify employment)
- Calling family/friends repeatedly (1 call allowed to locate you)
False Statements/Threats
- Cannot threaten arrest or jail (debt is civil, not criminal)
- Cannot lie about debt amount or legal status
- Cannot threaten to sue on time-barred debt
- Cannot falsely claim to be attorney or law enforcement
- Cannot threaten to seize property/wages without court order
Stop ALL Contact
Send cease-and-desist letter (certified mail). Collector must stop all contact except to notify you of lawsuit. They can still sue, but cannot call/write. Use template below.
UK Rights (FCA CONC Rules)
FCA Consumer Credit Sourcebook (CONC)
- All FCA-authorized firms must follow CONC rules
- Includes banks, credit cards, debt collectors, law firms
- Must treat customers fairly, especially vulnerable consumers
- Cannot use unfair/misleading practices
Prohibited Harassment (2024)
- Calling several times daily or at unreasonable hours (8am-9pm recommended)
- Pursuing you on social media (Twitter, Facebook, etc.)
- Pressuring you to sell home or take out more credit
- Using multiple debt collectors simultaneously
- Threatening illegal action (e.g., bailiffs without court order)
- Ignoring mental health disclosures or vulnerable status
Administration of Justice Act 1970
- Criminal offense to harass debtors with intent to coerce payment
- Excessive contact frequency violates Act
- Contact at unusual times or places
2024 FCA Warning
FCA joint letter warned firms to improve debt collection. Threatening tones and excessive contact harm mental health. FCA will take "robust action" against violators. 60,364 credit card complaints in 2024/25.
How to Stop Debt Collection Harassment
Step 1: Send Cease-and-Desist Letter (US) or Written Complaint (UK)
US Cease-and-Desist Template
[Your Name]
[Your Address]
[Date]
[Debt Collector Name]
[Collector Address]
Re: Account [#]
Dear Sir/Madam:
This letter is to inform you that pursuant to my rights under the Fair Debt Collection Practices Act, 15 USC 1692c, I demand that you immediately cease and desist all communication with me regarding this alleged debt.
You may only contact me to notify me that you are terminating collection efforts or that you are taking a specific legal action.
Sincerely,
[Signature]
Send via certified mail, return receipt requested. Keep copies. They must stop contact.
UK Written Complaint Template
[Your Name]
[Your Address]
[Date]
[Creditor/Collector Name]
[Address]
Re: Account [#] - Harassment Complaint
Dear Sir/Madam:
I am writing to formally complain about harassment from your company regarding account [#].
Your company has: [contacted me X times daily / called at [time] / threatened illegal action / etc.]
This violates FCA CONC rules and causes me significant distress. I demand you: (1) Stop excessive contact, (2) Only contact me in writing, (3) Provide debt validation.
If harassment continues, I will report to FCA and Financial Ombudsman Service.
Yours faithfully,
[Signature]
Send recorded delivery. If no response in 8 weeks, escalate to FOS.
Step 2: Demand Debt Validation (Within 30 Days - US)
Under FDCPA, you have 30 days from first contact to dispute debt and demand validation. Collector must stop collection until they provide proof.
[Your Name, Address, Date]
[Collector Name, Address]
Re: Debt Validation Request - Account [#]
To Whom It May Concern:
I received your letter dated [date] regarding account [#]. I dispute this debt and request validation pursuant to 15 USC 1692g.
Please provide: (1) Original creditor name and account number, (2) Amount owed with breakdown, (3) Verification you own this debt or have authority to collect, (4) Proof I owe this debt.
Until you provide validation, you must cease all collection activity including credit reporting.
Sincerely, [Signature]
UK Debt Validation
UK has no statutory 30-day period, but you can request proof of debt any time. Creditor should provide: original agreement, statement of account, assignment documentation (if sold to collector). If they cannot prove debt, you may not owe it.
Step 3: Document Everything
What to Document
- Date and time of every call/text/email/letter
- Caller name, company, phone number, what they said
- Save all voicemails, texts, emails, letters
- Call log from phone bill showing frequency
- Record calls if legal in your state/country (check local laws)
- Witness statements from family if they were contacted
- Medical records if seeking treatment for harassment-related stress
Why Evidence Matters
- Proves pattern of harassment (not isolated incident)
- Shows violation of 7-in-7 rule or time restrictions
- Supports emotional distress damages claim
- Call logs prove excessive frequency
- Recordings prove threats, lies, abusive language
- Strong evidence = higher settlement/verdict
- Without proof, case becomes he-said/she-said
Step 4: File Complaints & Consider Legal Action
US Complaint Process
- CFPB Complaint: consumerfinance.gov/complaint (free, triggers investigation)
- State Attorney General: Consumer protection division in your state
- FTC: reportfraud.ftc.gov (tracks patterns, may take enforcement action)
- Consult Attorney: Many FDCPA attorneys work on contingency (free unless you win). Collector pays your attorney fees if you win
- File Lawsuit: Within 1 year of violation. Can sue in federal or state court. Statutory damages up to $1,000 + actual damages + attorney fees
UK Complaint Process
- Complain to creditor/collector: In writing. They have 8 weeks to respond
- Financial Ombudsman Service (FOS): Free service if FCA-authorized firm. 6-month deadline after final response or 15 months after complaint. Can award up to £430,000
- Report to FCA: fca.org.uk/consumers/report-firm for investigation and potential enforcement
- County Court Claim: Sue for harassment damages under Protection from Harassment Act 1997 or breach of contract
- Police Report: If threats or criminal harassment under Administration of Justice Act 1970
Special Situations
Time-Barred Debt (Zombie Debt)
What it is: Debt past statute of limitations (SOL) - typically 3-6 years depending on state/debt type. Collector cannot sue successfully, but may still try.
Your Rights
- FDCPA Violation: Threatening lawsuit on time-barred debt is illegal (Regulation F) even if collector doesn't know
- Don't acknowledge debt: In some states, payment or acknowledgment restarts SOL (not in Texas after 2019 law)
- Don't be tricked: Collector may say "settle for 30%" to get you to pay and revive dead debt
- If sued: Raise SOL as affirmative defense. Case should be dismissed
- Counter-sue: If collector sues on time-barred debt, you can counter-sue for FDCPA violation
Common State Statutes of Limitations
Credit Cards/Written Contracts:
- California: 4 years
- Texas: 4 years
- New York: 6 years
- Florida: 5 years (written), 4 years (oral)
- UK: 6 years (Limitation Act 1980)
Important: Clock starts from date of last payment or last activity. Verify SOL for your state and debt type.
Zombie Debt Warning
Debt buyers purchase old debt for pennies on the dollar, then harass consumers hoping for payment. If debt is time-barred, you have strong FDCPA claim if they threaten lawsuit. Consult attorney - actual damages can be $10K-$15K+ for time-barred debt lawsuits.
Wrong Person / Identity Mix-Up
If collector is calling about debt you don't owe or confusing you with someone else:
- Tell them immediately: "This is not my debt. You have the wrong person."
- Send written dispute: Demand validation, state clearly you are not the debtor
- Do NOT provide personal info: Don't give SSN, DOB, address to "verify" - they may use it to collect wrong debt
- If continues: FDCPA violation - attempting to collect debt you don't owe is one of most common violations
- Check credit reports: Ensure wrong debt not reported. Dispute with credit bureaus if it is
- Document persistent contact: If they keep calling after being told wrong person, that's harassment + attempted collection of wrong debt = strong case
Medical Debt & Special Protections
US: Medical debt has additional protections under No Surprises Act (2022). Medical debt under $500 will not appear on credit reports starting 2023. Medical debt requires 1-year waiting period before credit reporting (previously 6 months).
UK: NHS treatment is free. Private medical debt subject to same consumer credit rules. Mental health crises may qualify for "breathing space" (60-day protection from creditor contact and fees).
UK Breathing Space Scheme
If in debt crisis, can apply for Breathing Space (60 days) or Mental Health Crisis Breathing Space (duration of treatment + 30 days). During this time: creditors cannot contact you, no enforcement action, interest/fees frozen.
Apply through debt advice provider: StepChange, Citizens Advice, National Debtline.
Frequently Asked Questions
Can debt collectors call my employer, family, or friends?
What happens if I ignore debt collectors?
How much can I sue for under FDCPA?
Can recording debt collector calls help my case?
What is the 7-in-7 rule and what counts as a call?
Can debt collectors garnish my wages or bank account?
Is debt negotiation or settlement a good idea?
What should I do if I'm sued by a debt collector?
Your Next Steps to Stop Harassment
- Send cease-and-desist letter TODAY:
Use template above. Certified mail with return receipt. Stops all calls except lawsuit notification.
- Document every contact from this point forward:
Date, time, what was said, caller name. Save voicemails, texts, emails, letters. Phone bill showing call frequency. This is your evidence for lawsuit.
- Request debt validation (US: within 30 days):
Demand proof you owe debt. Collector must stop collection until they provide validation. Many can't prove debt and will give up.
- File complaints with regulators:
- US: CFPB (consumerfinance.gov/complaint), State Attorney General, FTC
- UK: Financial Ombudsman Service (financial-ombudsman.org.uk), FCA
- Consult consumer rights attorney:
US: Many take FDCPA cases on contingency (free unless you win). Collector pays your attorney fees if you win. UK: Citizens Advice, Law Centres Network offer free guidance.
- Know your timeline:
- US: 1 year to file FDCPA lawsuit from violation
- UK: 6 months for FOS complaint after final response from creditor
- Statute of limitations on debt varies by state/type
You Have Rights - Use Them
Debt collectors violate FDCPA constantly because most people don't know their rights. 122,000 complaints filed annually with CFPB. UK FOS complaints up 54% in 2024/25. Collectors bank on you not fighting back.
Don't be a victim. Send cease-and-desist, document violations, and sue if necessary. You can win $1,000+ statutory damages + actual damages + free attorney. They'll think twice before harassing you again.
Calculate Your Harassment Claim Value
Use our calculator above to estimate damages for debt collection harassment under FDCPA (US) or FCA/FOS rules (UK). Get immediate guidance on filing complaints or lawsuits.