A collector who breaks the FDCPA can owe you damages
15 U.S.C. § 1692k(a)
In plain words
A debt collector that breaks the FDCPA is liable for your actual damages, additional damages of up to $1,000 the court may allow, and your costs and reasonable attorney's fees. A lawsuit must be filed within one year of the violation.
Who is protected
Consumers contacted by a third-party debt collector (including most debt buyers and collection law firms) about a personal, family or household debt.
When it applies
- Only if a debt collector is involved.
What you can do
Open the Credit Health tool
Upload your free reports from AnnualCreditReport.com. The tool lists items you may want to check and explains your options. You decide what, if anything, to dispute.
Open the toolLog every contact and talk to a consumer lawyer
Write down every call and keep every letter. Many consumer lawyers take FDCPA cases because the law makes the collector pay reasonable fees. Watch the one-year limit.
Deadline: Within one year of the violation.
Open the tool
Honest limits
- Applies to third-party debt collectors, not usually to the original creditor collecting its own debt.
- A court decides whether a violation happened; a claim does not erase a debt you owe.
The law
- Federal lawFDCPA — civil liability
15 U.S.C. § 1692k(a)
What it says: Actual damages, up to $1,000 in additional damages, costs and reasonable attorney's fees.
Read the official texthttps://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1692k&num=0&edition=prelim - Federal lawFDCPA — one year to sue
15 U.S.C. § 1692k(d)
What it says: An action must be brought within one year from the date of the violation.
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
Make 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 rightNo 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 rightNo lies or misleading claims by debt collectors
15 U.S.C. § 1692e
A debt collector may not lie or mislead you. It cannot misstate how much you owe, pretend to be a lawyer or government official, or threaten something it cannot legally do or does not intend to do. It also cannot report credit information it knows is false, or fail to say a debt is disputed.
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 rightMake the company that reported the error investigate it
15 U.S.C. § 1681s-2(b)(1)
The company that reported the information — such as your servicer — must investigate when a credit bureau passes along your dispute, and fix what is wrong with every bureau. In many cases you can also dispute directly with that company, which must then investigate and report back to you.
Read this right