What Debt Collectors Cannot Do: FDCPA & Regulation F

The Fair Debt Collection Practices Act (FDCPA), codified at 15 U.S.C. §§ 1692–1692p, is the federal law that sets the ground rules for third-party debt collectors. It does not apply to original creditors collecting their own debts, though some state laws impose similar restrictions on them. The Consumer Financial Protection Bureau’s Regulation F (12 CFR Part 1006) implements the FDCPA and adds specific requirements. This page outlines what collectors are not allowed to do, what evidence counts, and where to file a complaint.

Who Is Covered?

The FDCPA covers “debt collectors”—those who regularly collect debts owed to others, including collection agencies and attorneys who collect debts as part of their practice. It also covers a creditor using a different name to collect its own debt. Original creditors, such as a bank collecting its own credit card debt, are generally not covered by the FDCPA, but they may be subject to state laws and other federal regulations like the Fair Credit Reporting Act. Knowing whether the FDCPA applies is the first step in determining what rights are enforceable.

Prohibited Conduct: What Collectors Cannot Do

The FDCPA and Regulation F prohibit a range of practices. These fall into three main categories: harassment or abuse, false or misleading representations, and unfair practices.

Harassment or Abuse (15 U.S.C. § 1692d)

Collectors cannot:

• Use or threaten to use violence or other criminal means to harm the physical person, reputation, or property of any person.
• Use obscene or profane language.
• Publish a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency.
• Advertise any debt for sale to coerce payment.
• Cause a telephone to ring or engage any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass.
• Place telephone calls without meaningfully disclosing the caller’s identity, except in limited circumstances.

False or Misleading Representations (15 U.S.C. § 1692e)

Collectors cannot use any false, deceptive, or misleading representation or means in connection with the collection of a debt. This includes:

• Falsely implying that they are attorneys or that communications are from an attorney.
• Falsely representing the character, amount, or legal status of a debt.
• Falsely representing that a debt is a consumer debt when it is not.
• Falsely representing that documents are legal process.
• Using any business, company, or organization name other than the true name of the debt collector.
• Falsely representing that the consumer committed a crime or other conduct to disgrace the consumer.
• Falsely representing that the debt is owed to a particular person.
• Claiming that the consumer will be arrested if they do not pay, which is illegal in most circumstances.
• Threatening to take any action that cannot legally be taken or that is not intended to be taken.
• Using false representations or deceptive means to collect a debt or obtain information about a consumer.
• Failing to disclose in subsequent communications that the communication is from a debt collector, after the initial written notice.

Unfair Practices (15 U.S.C. § 1692f)

Collectors cannot use unfair or unconscionable means to collect a debt. This includes:

• Collecting any amount (including interest, fees, charges, or expenses) unless expressly authorized by the agreement or permitted by law.
• Accepting a check or other instrument postdated by more than five days without notifying the consumer in writing.
• Soliciting a postdated check for the purpose of threatening criminal prosecution.
• Depositing or threatening to deposit a postdated check before the date on the check.
• Causing charges to be made to the consumer for communications, such as collect calls or telegrams.
• Taking or threatening to take any nonjudicial action to effect dispossession of property if there is no present right to possession or no legal proceeding.
• Communicating with the consumer via postcard.
• Using any language or symbol on any envelope or in any communication that indicates the communication is from a debt collector, other than the debt collector’s name and address.

Communication Restrictions

Collectors are also restricted in how and when they can communicate with you.

Time and Place (15 U.S.C. § 1692c(a))

Collectors cannot communicate with you at any unusual time or place, or at a time or place known to be inconvenient. The FDCPA presumes that convenient times are between 8 a.m. and 9 p.m. local time. They cannot communicate at your place of employment if they know or have reason to know that your employer prohibits such communications.

Third Parties (15 U.S.C. § 1692c(b))

Collectors cannot communicate with third parties (other than your spouse, your attorney, or a consumer reporting agency) about your debt without your prior consent or a court order. They may contact third parties to locate you, but they must identify themselves and not reveal that they are calling about a debt.

Cease and Desist (15 U.S.C. § 1692c(c))

If you send a written request to stop communication, the collector must stop all communication with you, except to notify you that collection efforts are terminated or that the collector may invoke specified remedies. This is a powerful tool, but it does not eliminate the debt.

What Counts as Evidence

To prove a violation, you need evidence. This includes:

• Call logs showing the frequency and times of calls.
• Voicemails or recordings of calls (if state law permits recording).
• Written communications, including envelopes and letters.
• Witness testimony.
• Any documents that show false statements, such as a letter threatening arrest.

Keep a detailed log of every interaction, including the date, time, and content. Save all voicemails and letters. This evidence is essential if you file a complaint or sue.

Where to File a Complaint

If you believe a collector has violated the FDCPA, you can file a complaint with the Consumer Financial Protection Bureau (CFPB) online at consumerfinance.gov/complaint or by calling (855) 411-2372. You can also file with your state attorney general’s office or the Federal Trade Commission (FTC). Filing a complaint does not automatically stop the collector, but it alerts regulators.

What Actually Stops the Calls

A cease and desist letter often stops most collection calls, but it does not stop a lawsuit. If the collector is threatening to sue, the only way to stop that is to respond to the lawsuit or resolve the debt. If the collector is violating the law, you can sue them in state or federal court within one year of the violation. If you win, you can recover actual damages, statutory damages up to $1,000, and attorney’s fees. The FDCPA is a strict liability statute in many respects—you do not have to prove intent.

Common Mistake: Assuming the FDCPA Covers All Collectors

The most common mistake is assuming the FDCPA applies to every debt collector, including original creditors. It does not. If a bank or a credit union that originally extended the credit is calling you, the FDCPA likely does not apply. That does not mean they can do anything—state laws and other federal laws may restrict their behavior—but the specific protections and remedies of the FDCPA are not available. This distinction matters because the FDCPA provides for statutory damages and attorney’s fees, which many state laws do not. Before assuming a violation, check who is calling. If it is a third-party collector, the FDCPA applies. If it is the original creditor, look to state law.

Another common mistake is ignoring the debt and hoping it goes away. While the FDCPA restricts how collectors can communicate, it does not erase the debt. If you ignore a lawsuit, you may lose by default judgment. The FDCPA is a shield, not a sword that eliminates debts.

Comparison Table: FDCPA vs. State Law vs. Original Creditor

Regulation F: Additional Requirements

Regulation F (12 CFR 1006.14) clarifies certain provisions of the FDCPA. It addresses, among other things, the use of electronic communications, the content of validation notices, and the definition of “harassment.” For example, Regulation F provides that a debt collector may not call a consumer more than seven times within a seven-day period, and may not call within seven days after a phone conversation with the consumer. These are specific, enforceable limits.

State Law Variations

Many states have their own debt collection laws that apply to both third-party collectors and original creditors. These laws may provide additional protections, such as longer statutes of limitations for bringing a lawsuit or higher damages. Because these vary widely, it is necessary to look up the law in your state. The statute of limitations for debt collection lawsuits also varies by state and by type of debt. This page does not provide a state-by-state breakdown because those periods change and are not uniform.

When to Get Legal Help

If a collector is suing you, or if you believe you have a strong FDCPA claim, consider consulting a consumer attorney. Many consumer attorneys offer free consultations and take FDCPA cases on a contingency basis, meaning they get paid only if you win. The FDCPA provides for attorney’s fees, so attorneys are often willing to take these cases. This is not legal advice, but a practical step when the stakes are high.

Conclusion

The FDCPA and Regulation F set clear boundaries for third-party debt collectors. Knowing what they cannot do—and what evidence to gather—can help you respond effectively. If you are dealing with a collector, keep records, know who is calling, and understand that the FDCPA is a tool, not a cure-all. For original creditors, state law is the primary source of protection. When in doubt, consult an attorney.