Tell a debt collector to stop contacting you
15 U.S.C. § 1692c(c)
In plain words
If you tell a debt collector in writing that you refuse to pay or want it to stop contacting you, it must stop. After that, it may only contact you to say it is ending its efforts or to tell you about a specific step it or the creditor may take, such as a lawsuit.
Who is protected
Consumers contacted by a "debt collector" about a personal, family or household debt — including many foreclosure law firms and servicers that took over a loan after it was already in default.
When it applies
- Only if a debt collector is involved.
- Only applies to "debt collectors." Your original lender, and a servicer that got your loan before you fell behind, usually are not debt collectors under this law.
What you can do
Send a cease-communication letter
Send it by certified mail and keep a copy. You can also dispute the debt in the same letter.
Open the tool
Honest limits
- Stopping contact does not erase the debt, and the creditor may still sue or foreclose. You may also miss useful information, such as loss-mitigation offers or sale dates — think before you send it during a foreclosure.
- Only applies to "debt collectors." Your original lender, and a servicer that got your loan before you fell behind, usually are not debt collectors under this law.
- This is general legal information, not legal advice, and it does not promise any result. A HUD-approved housing counselor or a lawyer can look at your facts.
- Stopping contact does not cancel the debt, stop credit reporting of an accurate debt, or prevent a lawsuit.
The law
- Federal lawFDCPA — ceasing communication
15 U.S.C. § 1692c(c)
Exact part: (c)
What it says: After a written refusal to pay or request to stop, a collector may not communicate further except to end its efforts or notify of specific remedies.
Read the official texthttps://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1692c&num=0&edition=prelim - Federal lawFDCPA — civil liability
15 U.S.C. § 1692k
What it says: A debt collector who violates the Act is liable for actual damages, statutory damages up to $1,000, and attorney's fees; suits must be filed within one year.
Read the official texthttps://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1692k&num=0&edition=prelim
Court cases
- Homeowner wonSame topicJerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A.
Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A., 559 U.S. 573 (2010)
the FDCPA's bona fide error defense does not excuse a debt collector's incorrect interpretation of what the Act requires
- Homeowner wonSame topicKaltenbach v. Richards
Kaltenbach v. Richards, 464 F.3d 524 (5th Cir. 2006)
a person who meets the FDCPA's general definition of debt collector is subject to the whole Act even while enforcing a security interest
- Homeowner wonSame topicHeintz v. Jenkins
Heintz v. Jenkins, 514 U.S. 291 (1995)
the FDCPA applies to lawyers who regularly collect consumer debts, even through litigation
- Homeowner lostSame topicObduskey v. McCarthy & Holthus LLP
Obduskey v. McCarthy & Holthus LLP, 586 U.S. 466 (2019)
a business engaged only in non-judicial foreclosure is not a debt collector under the FDCPA, apart from the provision barring threats to take property without a present right
- Homeowner lostSame topicMidland Funding, LLC v. Johnson
Midland Funding, LLC v. Johnson, 581 U.S. 224 (2017)
filing an obviously time-barred proof of claim in bankruptcy does not violate the FDCPA
Related rights
No harassment or abuse by debt collectors
15 U.S.C. § 1692d
A debt collector may not harass, oppress or abuse you. That includes threats of violence, obscene language, and calling again and again to annoy you. Unless you agree, collectors also should not call before 8 a.m. or after 9 p.m. your time, or at times they know are inconvenient.
Read this rightMake a debt collector prove the debt (validation)
15 U.S.C. § 1692g(a)
A debt collector must send you a notice with the amount of the debt, the creditor's name, and your rights — in its first message or within 5 days. You then have 30 days to dispute the debt in writing or ask for the original creditor's name. If you do, the collector must stop collecting until it mails you verification.
Read this rightEarly contact and help information when you fall behind
12 C.F.R. § 1024.39(a)
When you miss a mortgage payment, your servicer must try to reach you live (by phone or in person) by the 36th day of the delinquency and tell you about options to avoid foreclosure. By the 45th day it must send you a written notice explaining loss-mitigation options and how to get help, including housing counselors.
Read this rightA written dispute stops collection until the collector verifies
15 U.S.C. § 1692g(b)
If you dispute the debt in writing within the 30-day validation period, the collector must stop collecting the disputed amount until it mails you verification of the debt or a copy of a judgment. The same applies if you ask in writing for the original creditor's name and address. Federal law sets a low bar for "verification": courts differ, and it does not require the original signed contract.
Read this rightAfter a discharge, creditors cannot collect the wiped-out debt from you
11 U.S.C. § 524(a)(2)
A bankruptcy discharge wipes out your personal liability for most debts in the case. After that, the law forbids creditors from suing, calling or otherwise trying to collect a discharged debt from you personally. A court can hold a creditor in contempt if there was no fair doubt that its conduct was barred.
Read this rightA collection or charge-off must carry its real delinquency date
15 U.S.C. § 1681s-2(a)(5)(A)
A company that reports an account placed for collection or charged off must tell the credit bureau the month and year the delinquency began, within 90 days. That date sets when the item must come off your report, and it does not change when the debt is sold.
Read this right