FDCPA Violations: A Complete Guide

The Fair Debt Collection Practices Act (FDCPA) gives you powerful rights against abusive debt collectors. When collectors break the law, they pay you — not the other way around.

What the FDCPA Prohibits

The FDCPA prohibits three broad categories of conduct by debt collectors:

1. Harassment or Abuse (Section 806)

• Using threats of violence or criminal prosecution
• Using obscene or profane language
• Calling repeatedly with intent to annoy or harass
• Calling before 8 AM or after 9 PM
• Publishing lists of consumers who refuse to pay (except to credit bureaus)

2. False or Misleading Representations (Section 807)

• Misrepresenting the amount of the debt
• Falsely claiming to be an attorney or government representative
• Threatening to sue when they have no intention of doing so
• Misrepresenting that the consumer committed a crime
• Using a false company name or misleading letterhead
• Claiming you owe more than you do

3. Unfair Practices (Section 808)

• Collecting amounts not authorized by the original agreement
• Depositing a post-dated check prematurely
• Adding unauthorized fees, interest, or charges
• Suing on debt they know is time-barred
• Communicating by postcard (visible to others)

The Most Common FDCPA Violations

Based on consumer complaints and court cases, the most frequent violations are:

1. Suing on time-barred debts — Debt buyers like LVNV Funding and Midland Credit Management are notorious for filing lawsuits on debts past the statute of limitations.
2. Filing without proper documentation — Debt buyers suing without proof they own the debt or that the amount is correct.
3. Excessive phone calls — Under Regulation F, collectors generally cannot call more than 7 times within 7 days per debt.
4. Failing to validate debts — Collectors must send a validation notice within 5 days of first contact and must verify the debt if you dispute it in writing within 30 days.
5. Continuing collection during dispute — Once you dispute in writing, collection must stop until the debt is verified.

Damages Available Under the FDCPA

• Statutory damages: Up to $1,000 per lawsuit (regardless of whether you suffered actual harm)
• Actual damages: Compensation for emotional distress, lost wages, medical bills, or other harm caused by the violation
• Attorney fees and costs: The collector pays your attorney's fees — this is why FDCPA cases are taken on contingency
• Class action: Up to $500,000 or 1% of the collector's net worth in class actions

How to Document FDCPA Violations

• Save all letters, voicemails, and text messages from collectors
• Log every phone call with date, time, caller, and what was said
• Record calls if your state allows one-party consent recording
• Keep copies of all correspondence you send
• Take screenshots of any online communications

Filing an FDCPA Claim

You have one year from the date of the violation to file an FDCPA lawsuit. You can file as a counterclaim within an existing debt collection lawsuit or as a separate lawsuit. Because the FDCPA requires the collector to pay your attorney fees, most consumer rights attorneys take these cases on contingency — meaning you pay nothing unless you win.

Does the FDCPA Apply to Original Creditors?

The federal FDCPA generally applies only to third-party debt collectors, not original creditors. However, some states have laws that extend similar protections to original creditors:

• California: Rosenthal Fair Debt Collection Practices Act
• Texas: Texas Debt Collection Act
• Florida: Florida Consumer Collection Practices Act
• New York: General Business Law and NYC consumer protection rules