Debt Collection Harassment: Your Rights and Remedies

Debt collectors have the right to contact you about a debt. They do not have the right to harass, threaten, or abuse you. The line between legal collection and illegal harassment is clearly defined by the FDCPA.

What Is Considered Harassment Under the FDCPA?

• Excessive phone calls: Under Regulation F (effective November 2021), collectors generally cannot call more than 7 times within 7 days per debt. They also cannot call within 7 days after having a phone conversation with you about the debt.
• Calling at prohibited times: Before 8:00 AM or after 9:00 PM in your time zone.
• Threats of violence or harm: Any threat of physical harm is illegal.
• Profane or obscene language: Using abusive language in any communication.
• Calling your workplace: If you tell them your employer does not allow such calls, they must stop.
• Contacting third parties: Telling your family, friends, neighbors, or coworkers about your debt.
• False threats of arrest: Claiming you will be arrested for not paying a civil debt.

How to Document Harassment

1. Keep a call log: Record every call with date, time, phone number, caller name, and what was said.
2. Save voicemails: Do not delete any voicemail messages. Transfer them to a computer if possible.
3. Save all written communications: Letters, emails, text messages, and social media messages.
4. Record calls: If your state is a one-party consent state, you can record phone conversations without the collector's knowledge.
5. Get witness statements: If others witnessed the harassment (calls at work, calls to family), get written statements.

How to Stop the Calls

Under the FDCPA, you have the right to send a written cease-and-desist letter demanding that the collector stop contacting you. Send it via certified mail with return receipt requested. After receiving your letter, the collector can only contact you to:

• Confirm they will stop contacting you
• Notify you of a specific action they intend to take (like filing a lawsuit)

Suing for Harassment

If a collector harassed you, you can sue under the FDCPA. Damages include:

• Statutory damages: Up to $1,000
• Actual damages: Emotional distress, anxiety, lost sleep, medical bills, lost wages
• Attorney fees: The collector pays your attorney — this is why lawyers take these cases on contingency

You have one year from the date of the violation to file suit.

Filing Complaints

In addition to suing, file complaints with:

• CFPB: consumerfinance.gov/complaint
• FTC: reportfraud.ftc.gov
• Your state attorney general
• Better Business Bureau