Your rights under the Fair Debt Collection Practices Act
The FDCPA (15 U.S.C. § 1692 et seq.) has been federal law since 1978. It establishes exactly what debt collectors can and cannot do — and gives you a private right of action to enforce it.
Read the full statuteThe FDCPA covers third-party debt collectors — companies and individuals whose principal business is collecting debts owed to others. This includes collection agencies, debt buyers who purchase delinquent accounts, and attorneys who regularly collect debts.
The law does NOT cover original creditors collecting their own debts under their own name, government agencies, or businesses collecting debts incidental to their main business (like a landlord collecting rent).
Key point: If a bank sells your debt to a collection agency, that agency is covered by the FDCPA. If the original bank tries to collect directly, they generally are not — though many states have laws that fill this gap.
Quick reference — key rules
Call hours
8am – 9pm your time
Threats of arrest
Always illegal
Call frequency
Max 7 calls / 7 days
Telling family
Almost never allowed
Validation notice
Must send within 5 days
Obscene language
Always illegal