Your Rights

When Collectors Call

You have powerful legal rights. They're counting on you not knowing them. Time to change that.

A debt collector contacts you. Before you panic, before you pay, before you admit anything — understand your rights under federal law. The Fair Debt Collection Practices Act gives you serious protections.

Your Rights Under the FDCPA

The Fair Debt Collection Practices Act (15 USC 1692) protects you from abusive practices. Key rights:

Right to Validation

You can demand proof of the debt within 30 days of first contact. They must verify before continuing collection.

Right to Dispute

Disputing in writing triggers their obligation to STOP collection until they properly validate.

Right to Cease Contact

You can demand they stop contacting you entirely. They must comply (with limited exceptions).

Right to Sue

Violations give you a private right of action with statutory damages up to $1,000 plus attorney fees.

The 30-Day Window

Validation of Debts
15 USC 1692g(b)
"If the consumer notifies the debt collector in writing within the thirty-day period... that the debt, or any portion thereof, is disputed... the debt collector shall cease collection of the debt... until the debt collector obtains verification of the debt..."

Within 30 days of their first contact, send a written dispute and validation request. This:

  • Stops collection until they validate
  • Forces them to prove the debt is real and they can collect
  • Creates a record of your dispute
  • Reveals weakness — many collectors can't properly validate

Debt Validation Letter

[Your Name] [Your Address] [Date] [Debt Collector Name] [Debt Collector Address] RE: Debt Validation Request Account Reference: [Their Reference Number] Dear Debt Collector: I am in receipt of your communication dated [date]. I dispute this alleged debt in its entirety and request validation pursuant to 15 USC 1692g. Please provide: 1. The name and address of the original creditor 2. The original signed agreement bearing my signature 3. A complete accounting showing how the amount was calculated 4. Proof that you are licensed to collect in [Your State] 5. Proof of your authority to collect (assignment documentation) 6. Documentation that the original creditor provided consideration 7. Verification that the statute of limitations has not expired Pursuant to 15 USC 1692g(b), cease all collection activity until you provide this validation. Do not contact me by telephone. All communication must be in writing. This dispute is made without prejudice to any rights I may have. Sincerely, [Your Signature] [Your Printed Name] Sent via Certified Mail #[Number]
Key Elements
  • "I dispute" — Triggers their validation obligation
  • "Original signed agreement" — Many collectors don't have this
  • "Consideration" — Forces the underlying contract question
  • "Cease all collection" — Invokes your statutory right
  • "In writing only" — Creates documentation trail
  • "Without prejudice" — Preserves all your rights

Evaluating Their Response

Adequate Validation Includes
  • Original signed contract or agreement
  • Complete chain of assignment from original creditor
  • Itemized accounting of amount claimed
  • Proof of license to collect in your state
Inadequate Responses
  • Just a statement from the collector (not original creditor)
  • Summary without original documents
  • "We bought this debt" without assignment chain
  • Failure to respond at all

If they can't properly validate, they cannot legally continue collection.

Common FDCPA Violations

Document every violation — each is potential evidence for a lawsuit:

  • Continuing to collect after dispute without validation — Direct violation of 1692g(b)
  • Calling after written cease communication request — Violation of 1692c(c)
  • Threats of action they can't or won't take — Violation of 1692e(5)
  • Calling before 8am or after 9pm — Violation of 1692c(a)(1)
  • Discussing debt with third parties — Violation of 1692c(b)
  • Using obscene or abusive language — Violation of 1692d(2)
  • False representation of amount owed — Violation of 1692e(2)(A)
  • Collecting unauthorized fees — Violation of 1692f(1)
Document Everything
  • Date and time of every contact
  • What was said (take notes immediately)
  • Record calls if legal in your state (check one-party vs. two-party consent)
  • Save all written communications
  • Keep certified mail receipts

Statute of Limitations

Debts have expiration dates for legal collection:

After the Statute Expires
  • They cannot successfully sue you for the debt
  • They can still ask, but you have a complete defense
  • WARNING: Making a payment or acknowledging the debt may restart the clock!

Statutes of limitations vary by state and debt type (typically 3-6 years for credit cards, 4-6 years for written contracts). Research your state's specific rules before taking any action.

The Payment Trap

Collectors sometimes push for "just a small payment to show good faith." This can restart the statute of limitations, giving them years to sue you again. Never pay anything without understanding the consequences.

The Consideration Question

Beyond FDCPA protections, you can ask about the underlying agreement:

  • What consideration did the original creditor provide?
  • For credit cards: Did they lend existing money, or create credit from your signature?
  • Can they document the source of funds?

Courts generally accept credit extension as consideration. But asking the question:

  • Creates a record of your position
  • May reveal gaps in documentation
  • Provides understanding even if not a winning legal argument

Your Options

If They Can't Validate
  • Send notice they've failed to validate
  • Demand they cease all collection
  • Report to CFPB and state AG
  • Consider suit if they continue
If They Validate Properly
  • Evaluate if debt is legitimate
  • Check statute of limitations
  • Negotiate settlement (often 25-50%)
  • Get settlement in writing before paying
If They Sue You
  • DO NOT IGNORE
  • File answer within deadline
  • Raise defenses: standing, SOL, improper service
  • Consider legal representation

Damages for Violations

If a collector violates the FDCPA, you may recover:

  • Actual damages — Proven financial harm
  • Statutory damages — Up to $1,000 per lawsuit
  • Attorney fees — Collector pays YOUR legal costs if you win
  • Class action damages — Up to $500,000 or 1% of collector's net worth

Many consumer attorneys take FDCPA cases on contingency because the collector pays their fees if you win. Free consultation is common.

Related Reading

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Knowledge is power with debt collectors. They're counting on fear and ignorance. Now you have neither.