The Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq., protects consumers from abusive, deceptive, and unfair debt collection practices by third-party debt collectors.
The core of your rights rests on the debt collector's obligation to inform you of the debt and your right to dispute it. This is called the 'Validation Notice' requirement.
When you send a written debt validation letter within the 30-day window, the collector must:
| Collector Duty | FDCPA Citation | What It Means |
|---|---|---|
| Cease Collection Activity | § 1692g(b) | The collector must stop all attempts to collect the debt (calls, letters) until they mail you verification. |
| Verify the Debt | § 1692g(b) | They must obtain and mail verification of the debt, such as a copy of the original contract or statements. |
| Accurate Reporting | § 1692e(8) | If they report the debt to a credit bureau, they must indicate that the debt is disputed. |
| No Unfair Practices | § 1692f | They cannot use unfair, deceptive, or abusive means to collect or attempt to collect any debt. |
Timing is critical under the FDCPA. The most powerful rights you have are triggered by sending a validation letter within 30 days of receiving the debt collector's initial communication.
The 30-day clock starts ticking the day you receive the debt collector's first contact. This is usually a letter, but it can sometimes be a phone call, provided the collector sends the written validation notice within five days of that call.
The FDCPA requires your validation request to be in writing to trigger the collector's duty to cease collection. Oral disputes are insufficient for this purpose.
If you fail to dispute the debt within the 30-day period, the debt collector is legally entitled to assume the debt is valid. However, this assumption is **not** a legal judgment, and it does not waive your right to sue the collector later for FDCPA violations or to challenge the debt in court.
Beyond validation rights, the FDCPA strictly forbids a wide range of abusive, deceptive, and unfair conduct by debt collectors. If a collector commits one of these acts, you may have grounds for a lawsuit.
This letter is the foundation of your rights. Send it via Certified Mail, Return Receipt Requested. Customize the bracketed information.
If a debt collector violates the FDCPA—by ignoring your validation request, continuing collection calls, or using abusive language—you have the right to sue for damages.
A debt collector who violates the FDCPA is liable for:
| Type of Damages | Amount | Notes |
|---|---|---|
| Actual Damages | Unlimited | Covers financial loss, emotional distress, lost wages, etc. |
| Statutory Damages | Up to $1,000 | Awarded for any FDCPA violation, even without actual damages. |
| Attorney Fees & Costs | Full amount | The FDCPA requires the debt collector to pay your legal fees if you win. |
An FDCPA lawsuit must be filed within one year from the date the FDCPA violation occurred. It is crucial to document the date of every violation.
I represent consumers fighting back against illegal and abusive debt collection practices. If a collector violates your rights under the FDCPA—by ignoring a validation request, continuing to call, or making false threats—I can evaluate your case and help you fight back.
Book a call to discuss your FDCPA dispute. Bring your collection letters, call logs, and any evidence of harassment or false threats.
Contact: owner@terms.law