No lies or misleading claims by debt collectors
15 U.S.C. § 1692e
In plain words
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.
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
Save the letter or message
Keep every letter, email and voicemail. Write down anything said on the phone right away.
Open the toolDispute the amount in writing
If the amount looks wrong, send a written dispute and validation request.
Open the tool
Honest limits
- A lawyer who regularly collects consumer debts can be a debt collector (Heintz v. Jenkins). A mistake about the law is not excused as a "bona fide error" (Jerman).
- Filing an obviously time-barred claim in bankruptcy is not by itself an FDCPA violation (Midland Funding v. Johnson).
- 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.
- A lawsuit under the FDCPA must be filed within one year of the violation.
- 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.
The law
- Federal lawFDCPA — false or misleading representations
15 U.S.C. § 1692e
What it says: A debt collector may not use any false, deceptive or misleading representation to collect a debt.
Read the official texthttps://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1692e&num=0&edition=prelim - Federal lawFDCPA — the amount or status of the debt
15 U.S.C. § 1692e(2)(A)
Exact part: (2)(A)
What it says: Misstating the character, amount or legal status of a debt is a violation.
Read the official texthttps://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1692e&num=0&edition=prelim - Federal lawFDCPA — empty or illegal threats
15 U.S.C. § 1692e(5)
Exact part: (5)
What it says: Threatening action that cannot legally be taken or is not intended is a violation.
Read the official texthttps://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1692e&num=0&edition=prelim - Federal lawFDCPA — false credit information
15 U.S.C. § 1692e(8)
Exact part: (8)
What it says: Communicating credit information known to be false, including failing to say a debt is disputed, is a violation.
Read the official texthttps://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1692e&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 wonCited for this rightHeintz v. Jenkins
Heintz v. Jenkins, 514 U.S. 291 (1995)
the FDCPA applies to lawyers who regularly collect consumer debts, even through litigation
- Homeowner wonCited for this rightJerman 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 lostCited for this rightMidland 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
- Homeowner lostSame topicBoren v. U.S. National Bank Ass'n
Boren v. U.S. Nat'l Bank Ass'n, 807 F.3d 99 (5th Cir. 2015)
a lender may abandon a prior acceleration by giving notice that it seeks less than the full accelerated balance, which restarts the four-year limitations period
- Homeowner lostSame topicMartins v. BAC Home Loans Servicing, L.P.
Martins v. BAC Home Loans Servicing, L.P., 722 F.3d 249 (5th Cir. 2013)
a mortgage servicer acting for a properly assigned mortgagee may foreclose in Texas without possessing the original note, and an oral promise to modify a large loan is not enforceable
- Partial winSame topicReinagel v. Deutsche Bank National Trust Co.
Reinagel v. Deutsche Bank Nat'l Tr. Co., 735 F.3d 220 (5th Cir. 2013)
a Texas borrower may challenge an assignment of the loan on any ground that renders it void, though not on grounds that make it merely voidable
- Partial winSame topicCulhane v. Aurora Loan Services
Culhane v. Aurora Loan Servs., 708 F.3d 282 (1st Cir. 2013)
a mortgagor may contest the validity of a MERS assignment to the foreclosing entity, although the MERS framework itself is lawful
- 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 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
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 unfair collection tactics, including improper foreclosure threats
15 U.S.C. § 1692f
A debt collector may not use unfair or unconscionable means to collect. It cannot collect fees or charges that your loan contract or the law does not allow. It also cannot take or threaten to take your property through a non-court process when it has no present right to it, no real intention to take it, or the property is legally exempt.
Read this rightDispute errors on your credit report
15 U.S.C. § 1681i(a)(1)(A)
If your credit report has something wrong or incomplete — like a payment reported late that you made on time — you can dispute it with the credit bureau for free. The bureau must investigate, usually within 30 days, and fix or delete information it cannot verify.
Read this rightLimits on HOA foreclosure: no sale for fines only, court order required
Tex. Prop. Code § 209.009
A Texas HOA may not foreclose if what you owe is only fines (or lawyer fees tied only to fines). To foreclose an assessment lien, the HOA must first get a court order, usually through the expedited Rule 736 process. Before charging you collection-agency fees, it must send a certified letter giving you at least 45 days to pay.
Read this rightRight to 10 days’ notice and a chance to cure
W. Va. Code § 46A-2-106
Under the West Virginia Consumer Credit and Protection Act, after a default on a consumer loan the creditor may not accelerate or foreclose until ten days after giving you notice of your right to cure. During those days you can cure by paying the unpaid amounts (without acceleration) plus any delinquency charges.
Read this rightThe right to be heard in court, and to speak for yourself
U.S. Const. amend. XIV, § 1Due Process Clause
Due process means that before the government, through a court, takes your property, you must get a meaningful chance to be heard. In federal court, you have a legal right to present your own case without a lawyer. Most state courts also let people represent themselves, under state rules.
Read this right