No harassment or abuse by debt collectors
15 U.S.C. § 1692d
In plain words
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.
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
Keep a log of every contact
Write down the date, time, caller, phone number and what was said. Save voicemails and letters.
Open the toolTell the collector to stop
You can send a written cease-communication letter.
Open the tool
Honest limits
- 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 — harassment or abuse
15 U.S.C. § 1692d
What it says: A debt collector may not engage in conduct whose natural consequence is to harass, oppress or abuse any person.
Read the official texthttps://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1692d&num=0&edition=prelim - Federal lawFDCPA — inconvenient times
15 U.S.C. § 1692c(a)(1)
Exact part: (a)(1)
What it says: Without consent, a collector should assume that calls before 8 a.m. or after 9 p.m. local time are inconvenient.
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
Tell a debt collector to stop contacting you
15 U.S.C. § 1692c(c)
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.
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 rightMost negative items must come off after 7 years
15 U.S.C. § 1681c(a)(a)(1), (4), (5)
Credit bureaus may not report collection accounts, charge-offs and most other negative items that are more than 7 years old. For a collection or charge-off, the 7 years start 180 days after the delinquency that led to it began — so, about 7½ years from the first missed payment that was never brought current. Paying, settling or re-selling the debt does not restart this clock. Bankruptcies can be reported for 10 years.
Read this right