What the Law Actually Bans -- and Who It Covers
In the United States, the Fair Debt Collection Practices Act (FDCPA, 15 U.S.C. §§ 1692-1692p) bans a specific list of conduct by third-party debt collectors and debt buyers -- companies collecting a debt originally owed to someone else, or debts they purchased. It prohibits: contacting you before 8am or after 9pm without permission; calling you at work if the collector knows (or is told) your employer bans it; threatening violence, using obscene language, or repeatedly calling to annoy or harass; publishing a list of people who supposedly owe debts (except to credit bureaus); misrepresenting the amount or legal status of a debt, or falsely threatening arrest, lawsuit, wage garnishment, or seizure the collector does not actually intend or is not legally entitled to pursue; and contacting third parties (family, friends, your employer) about your debt beyond a narrow, one-time attempt to locate you.
The FDCPA’s reach has an important limit: it generally applies to third-party collectors and debt buyers, not to the original creditor collecting its own debt in its own name -- though many US states have their own "mini-FDCPA" statutes that extend similar protections to original creditors and add stricter rules. Check your state’s specific consumer-protection statute if the entity calling you is the original lender rather than a collection agency. verify your state’s mini-FDCPA coverage and any state-specific protections beyond the federal floor
CFPB Regulation F (12 C.F.R. Part 1006), effective November 2021, added specifics the original 1977 FDCPA text did not have: a presumptive limit of seven calls within any rolling seven-day period per debt (the "7-in-7" rule, § 1006.14), a seven-day quiet period after you actually speak with a collector about a specific debt, and rules allowing collection by text and email as long as each message includes a working opt-out. Regulation F also explicitly bars suing or threatening to sue on a debt the collector knows or should know is outside the statute of limitations.
Outside the US, coverage is different. In the United Kingdom, debt collection by FCA-authorised firms is governed by the FCA Handbook’s Consumer Credit sourcebook, Chapter 7 (CONC 7), which requires firms to treat customers in arrears with "forbearance and due consideration," bars disproportionate action and excessive contact that causes distress, and prohibits unfairly disclosing your debt to third parties. In the European Union, there is no single EU-wide debt-collection-harassment directive comparable to the FDCPA -- collection practices are regulated at the member-state level (consumer-credit and unfair-commercial-practices transpositions vary by country), so the specific rule that applies depends on which EU country the collector and the debt are subject to. verify the specific national-law provisions for your EU member state
What You Can Recover in the US
Applies to FDCPA violations by third-party collectors and debt buyers; a UK or EU complaint follows a different remedy path (see below)
Statutory damages
Up to $1,000 per successful FDCPA lawsuit against a collector, without having to prove you suffered any actual financial loss (15 U.S.C. § 1692k(a)(2)(A)).
Actual damages
Documented financial harm caused by the violation -- lost wages from a workplace call that got you disciplined, medical costs tied to distress, or costs from a wrongful credit-reporting entry -- on top of the statutory amount, if you can show it.
Attorney fees and costs
A successful FDCPA plaintiff is entitled to reasonable attorney fees and court costs (15 U.S.C. § 1692k(a)(3)), which is why many consumer-law attorneys take these cases on contingency at no upfront cost to you.
What to Do, in Order
Documentation first -- most of what makes a complaint or lawsuit succeed is the record you kept, not the argument you make
Start a contact log the moment it becomes a pattern
For every call, text, or letter: date, time, phone number or return address, the caller’s name and company, and what was said, as close to verbatim as you can manage. Screenshot texts and caller-ID; save voicemails and letters instead of deleting them.
Request debt validation in writing within 30 days of first contact
Under 15 U.S.C. § 1692g, send a written request (keep a copy, use a method with delivery confirmation) disputing the debt or asking the collector to verify it. This obligates the collector to stop collection activity until they mail you verification, and it creates a paper trail showing you exercised this right.
Send a written cease-contact letter if you want contact to stop entirely
Under 15 U.S.C. § 1692c(c), a written request to stop all further contact generally requires the collector to comply, except to confirm there will be no further contact or to notify you of a specific action like a lawsuit. This does not erase the debt -- it only limits how the collector may reach you.
Never ignore a court summons, even for old or disputed debt
A debt collector suing you (rather than just calling) is a different, formal legal process with its own deadline to respond, typically stated on the summons itself. Failing to respond by that deadline can result in a default judgment against you regardless of whether the underlying debt was valid, accurate, or even collectible -- respond or get legal help before that date, separately from anything in this checklist.
File a complaint with the CFPB (US) once you have your record
Submit at consumerfinance.gov/complaint. The CFPB forwards it to the company, which is expected to respond -- generally within 15 calendar days, and up to 60 days for complex issues. This does not replace a lawsuit but creates pressure and an official record.
Consult a consumer-law attorney about a possible FDCPA lawsuit
Given the one-year filing deadline and the fact that many consumer attorneys take FDCPA cases on contingency (fees are separately recoverable from the collector if you win), a documented pattern of violations is worth a free consultation before the year runs out.
Documents to gather
- Collector name, company, mailing address, and every phone number that contacted you
- Dated call/text/letter log with what was said, as close to verbatim as possible
- Copies of any validation notice, dispute letter, or cease-contact letter you sent, with proof of delivery
- Voicemails, texts, letters, and envelopes -- keep originals where possible
- Any workplace or third-party contact notes: who was contacted, by whom, and when
- Credit report entries related to the debt, if accuracy or re-aging is in dispute
Deadlines That Actually Matter
These are separate clocks -- confirm each one for your situation rather than assuming one governs all of them
A debt-collection dispute typically has at least three different deadlines running at once: how long you have to request validation, how long you have to sue the collector for FDCPA violations, and how long the original creditor has to sue you for the underlying debt. Missing one does not necessarily affect the others, but conflating them is a common and costly mistake.
| Jurisdiction | Limitation Period |
|---|---|
| US -- debt validation request window | 30 days from the collector’s first written notice (15 U.S.C. § 1692g) |
| US -- FDCPA lawsuit filing deadline | 1 year from the date of the violation, not the date discovered (15 U.S.C. § 1692k(d)) |
| US -- state statute of limitations on the underlying debt | Typically 3-10 years depending on state and debt type (written contract vs. open account) verify your specific state and debt type |
| US -- CFPB company response target | Generally 15 calendar days, up to 60 days for complex complaints |
| UK -- firm’s final response to a complaint | Up to 8 weeks before you can escalate to the Financial Ombudsman Service |
| UK -- deadline to refer to the Financial Ombudsman | 6 months from the date of the firm’s final response letter |
Realistic Outcomes
Most debt-collection disputes never reach a courtroom. A well-documented validation request or cease-contact letter frequently ends the harassing pattern on its own, because sloppy documentation on the collector’s side (an unverifiable account, a wrong amount, a stale chain of ownership through multiple debt buyers) is common, and collectors often decide it is not worth the compliance risk to keep pushing once you have created a paper trail.
An FDCPA lawsuit for statutory damages is a real, currently-available remedy, and small-claims or consumer-law-attorney routes exist specifically because Congress made attorney fees separately recoverable -- but $1,000 in statutory damages against an individual collector is a modest, not life-changing, sum, and proving a violation still requires your contact log to hold up as evidence. A single missed call or one terse conversation is unlikely to meet the bar; a documented pattern (repeated after-hours calls, contact after a written cease request, false legal threats) is a much stronger case.
A CFPB or Financial Ombudsman complaint is a pressure and documentation tool, not a payment mechanism by itself -- treat a corrected credit report, a written apology, or a fee waiver as a realistic outcome, and a direct cash award as the exception rather than the rule, unless the Ombudsman (UK) issues a formal redress decision or a US court awards damages.
Common Pitfalls
Ignoring a court summons because "it’s just a debt collector"
A lawsuit is not the same as a collection call. Missing the response deadline on an actual court summons can produce a default judgment -- respond or get legal help by that date regardless of anything else in this list.
Making a payment or promise on a debt that may be time-barred
In many states, even a small payment or a written acknowledgment of an old debt can restart the statute-of-limitations clock, turning a debt that was becoming legally uncollectible back into one that is not. Confirm your state’s specific rule before paying anything on very old debt. verify your state’s revival rule
Letting the 30-day validation window lapse
The right to pause collection while the debt is verified is time-limited to 30 days from the first notice. You can still dispute after that, but you lose the automatic "stop collection until verified" effect of a timely request.
Assuming re-aged "zombie debt" on a credit report is automatically illegal to collect
A collector attempting to collect an old, or even time-barred, debt is not automatically illegal under the FDCPA -- what is illegal is suing or threatening to sue on debt outside the statute of limitations, or illegally re-aging the reported date to make it look newer on your credit file (a separate Fair Credit Reporting Act issue). Treat these as related but distinct problems to document separately.
Relying on memory instead of a contemporaneous log
Both an FDCPA case and a CFPB or Ombudsman complaint live or die on specifics -- dates, times, exact words used. A log written days or weeks later, from memory, is far weaker evidence than notes taken right after each contact.
Organize Your Debt Collection Contact Record
Document collector identity, contact history, validation and cease-contact letters, and evidence before deciding what to send or escalate.
Organize Your Debt Collection Contact Record
Document collector identity, contact history, validation and cease-contact letters, and evidence before deciding what to send or escalate.
This stays in your private workspace until you choose a next step. It does not submit a claim on your behalf on its own.
Official and Legal References
- Cornell LII -- 15 U.S. Code § 1692k: Civil liability
- Cornell LII -- 15 U.S. Code § 1692g: Validation of debts
- CFPB -- Debt collection consumer tools
- CFPB -- Submit a complaint
- FCA Handbook -- CONC 7: Arrears, default and recovery
- Financial Ombudsman Service -- Debt collecting complaints
- Financial Ombudsman Service -- Time limits
US vs. UK vs. EU: Different Regulators, Different Remedies
The US route (FDCPA lawsuit plus CFPB complaint) can produce a direct damages award through court; the UK route (firm complaint escalated to the Financial Ombudsman Service) can produce a binding redress decision without going to court, but only against FCA-regulated firms; the EU has no single equivalent -- debt-collection conduct rules and complaint bodies are set at the national level, so identify which member state’s law and regulator actually apply to your collector before assuming any EU-wide standard governs. [verify the applicable national regime for your EU country]
Frequently Asked Questions
Real edge cases, answered in plain language
A collector is calling my workplace and told a coworker about my debt. Is that legal?
Can a debt collector still call me about a debt that’s past my state’s statute of limitations?
I asked for debt validation and got nothing back, but the calls continued. What now?
Does this page file the CFPB complaint or send the cease-contact letter for me?
Organize Your Debt Collection Contact Record
Document collector identity, contact history, validation and cease-contact letters, and evidence before deciding what to send or escalate.