Debt collection harassment occurs when a debt collector uses abusive, deceptive, or unfair practices in an attempt to collect a debt from a consumer. The Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq., is the primary federal law that prohibits these practices and provides consumers with the right to sue debt collectors who violate its provisions. Consumers who have been subjected to harassment, threats, or deception by debt collectors may be entitled to statutory damages up to $1,000, actual damages, and attorney's fees.
The FDCPA was enacted in 1977 in response to widespread abuses in the debt collection industry. Congress found that existing laws and procedures were inadequate to protect consumers from unfair debt collection practices, and that abusive practices contributed to personal bankruptcies, marital instability, loss of employment, and invasions of individual privacy. Today, the FDCPA remains the most important federal consumer protection statute governing debt collection conduct.
What the FDCPA Covers
Who Qualifies as a Debt Collector
The FDCPA applies specifically to "debt collectors," which the statute defines at 15 U.S.C. § 1692a(6) as any person who regularly collects or attempts to collect debts owed or due to another. This includes:
- Third-party collection agencies: Companies hired by creditors to collect outstanding debts on their behalf.
- Debt buyers: Companies that purchase defaulted debts from original creditors for pennies on the dollar and then attempt to collect the full balance from the consumer.
- Attorneys who regularly collect debts: Law firms and individual attorneys who engage in debt collection as a regular part of their practice.
- Servicers of defaulted debt: Companies that service debts that were already in default at the time they acquired them.
The FDCPA generally does not apply to original creditors collecting their own debts. For example, if you owe money directly to a credit card company and that company is contacting you for payment, the FDCPA typically does not govern that communication. However, once the creditor sells or assigns the debt to a third-party collector, the FDCPA applies. Additionally, some state consumer protection laws, including the New York General Business Law, may provide protections against abusive conduct by original creditors.
What Types of Debt Are Covered
The FDCPA covers "consumer debts," which are debts incurred primarily for personal, family, or household purposes. This includes credit card debt, medical bills, auto loans, student loans (private), personal loans, utility bills, and mortgage debt. Business debts are generally not covered by the FDCPA.
The Five Key Prohibitions
The FDCPA establishes five broad categories of prohibited conduct:
1. Harassment or Abuse (15 U.S.C. § 1692d)
Debt collectors may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person. Specific prohibitions include:
- Threats of violence or harm to the consumer, their property, or their reputation
- Use of obscene or profane language
- Repeatedly calling with the intent to annoy, abuse, or harass
- Calling without meaningful disclosure of the caller's identity
- Publishing the consumer's name on a "shame list" of debtors
2. False or Misleading Representations (15 U.S.C. § 1692e)
Debt collectors may not use any false, deceptive, or misleading representation or means in connection with collection of a debt. Examples include:
- Falsely implying they are affiliated with the government or that the communication is from an attorney when it is not
- Misrepresenting the amount, character, or legal status of the debt
- Threatening to take legal action that is not actually intended or cannot legally be taken
- Falsely implying that the consumer committed a crime by not paying a debt
- Using a false business name to disguise the collector's identity
- Misrepresenting that documents are legal process when they are not
3. Unfair Practices (15 U.S.C. § 1692f)
Debt collectors may not use unfair or unconscionable means to collect or attempt to collect a debt. Examples include:
- Collecting any amount not expressly authorized by the debt agreement or permitted by law
- Depositing a post-dated check before the date on the check
- Threatening to seize or garnish property when there is no legal right to do so
- Using postcards to communicate about the debt (which exposes the debt to others)
4. Restrictions on Communication (15 U.S.C. § 1692c)
The FDCPA places strict limits on when and how debt collectors may contact consumers:
- No calls before 8:00 AM or after 9:00 PM in the consumer's local time zone
- No contact at the consumer's place of employment if the collector knows the employer disapproves
- No contact with the consumer if the collector knows the consumer is represented by an attorney
- No communication with third parties about the debt, except to obtain location information (one contact per third party)
5. Third-Party Disclosure Rules (15 U.S.C. § 1692b and § 1692c(b))
A debt collector may not disclose the existence of a debt to any third party other than the consumer's attorney, a credit reporting agency, the original creditor, or the creditor's attorney. When contacting third parties solely to obtain the consumer's location information, the collector may not reveal that they are collecting a debt and may only contact each third party once, unless the third party requests additional contact.
Debt Validation Rights
One of the most important protections under the FDCPA is the right to debt validation, codified at 15 U.S.C. § 1692g. Within five days of the initial communication, a debt collector must send the consumer a written notice containing:
- The amount of the debt
- The name of the creditor to whom the debt is owed
- A statement that unless the consumer disputes the debt within 30 days, the collector will assume the debt is valid
- A statement that if the consumer disputes the debt within 30 days, the collector will obtain verification and mail it to the consumer
- A statement that upon written request within 30 days, the collector will provide the name and address of the original creditor, if different from the current creditor
If you send a written dispute within 30 days of receiving this notice, the collector must cease all collection activity until it provides verification of the debt. This verification must be sufficient to allow the consumer to determine whether the debt is actually theirs and whether the amount is correct.
Your Right to Send a Cease-and-Desist Letter
Under 15 U.S.C. § 1692c(c), you have the right to direct a debt collector to stop contacting you entirely. To exercise this right, send a written letter to the collector stating that you refuse to pay the debt or that you want the collector to cease further communication. Once the collector receives your letter, it may only contact you one final time to:
- Advise you that further collection efforts are being terminated
- Notify you that the collector or creditor may invoke specified remedies, such as filing a lawsuit
- Notify you that the collector or creditor intends to invoke a specified remedy
Send your cease-and-desist letter by certified mail with return receipt requested. Keep a copy for your records. It is important to understand that a cease-and-desist letter does not eliminate the underlying debt; it only stops the collector from contacting you about it.
Time-Barred Debt
A time-barred debt is a debt for which the statute of limitations on collection has expired. In New York, the statute of limitations on most consumer debts is six years under CPLR § 213. Once the statute of limitations has expired, the creditor or collector can no longer file a lawsuit to collect the debt. However, some debt collectors continue to contact consumers about time-barred debts, and some attempt to revive the debt by obtaining a new promise to pay or a partial payment.
Courts have held that threatening to sue on a time-barred debt, or filing suit on a time-barred debt, may constitute a violation of the FDCPA's prohibition on false and misleading representations under § 1692e and unfair practices under § 1692f.
Common Violations
The following are among the most frequently seen FDCPA violations in cases handled by consumer protection attorneys:
- Excessive or harassing phone calls: Calling multiple times per day, calling at unreasonable hours, or continuing to call after a cease-and-desist letter has been received.
- Threats to sue without intent to do so: Telling a consumer that a lawsuit will be filed when the collector has no actual intention of litigating.
- Misrepresenting the amount owed: Adding unauthorized fees, interest, or charges to inflate the balance beyond what is legally owed.
- Contacting third parties about the debt: Telling a consumer's family members, neighbors, employer, or coworkers about the debt.
- Failing to provide debt validation: Not sending the required written notice within five days of initial contact, or continuing to collect after a timely dispute without first providing verification.
- Attempting to collect a debt not owed: Pursuing collection on debts that have been paid, discharged in bankruptcy, or that belong to a different person.
- Suing on time-barred debt: Filing a lawsuit or threatening to file suit on a debt for which the statute of limitations has expired.
Your Rights Under the FDCPA
- Right to be free from harassment. Debt collectors may not harass, oppress, or abuse you in connection with collecting a debt (15 U.S.C. § 1692d).
- Right to accurate information. Collectors may not use false, deceptive, or misleading representations (§ 1692e).
- Right to fair treatment. Collectors may not use unfair or unconscionable means of collection (§ 1692f).
- Right to validation. You have the right to receive a written validation notice and to dispute the debt within 30 days (§ 1692g).
- Right to cease communication. You may direct a collector to stop all further communication (§ 1692c(c)).
- Right to sue. You may bring a private lawsuit in federal or state court against a debt collector that violates the FDCPA (§ 1692k).
Damages Available
Under 15 U.S.C. § 1692k, a consumer who prevails in an FDCPA action may recover:
| Damage Type | Amount |
|---|---|
| Actual damages | All proven financial losses, including emotional distress, lost wages, medical expenses, and other harms caused by the violation |
| Statutory damages | Up to $1,000 per lawsuit (individual action); up to the lesser of $500,000 or 1% of the collector's net worth (class action) |
| Attorney's fees and costs | The defendant pays the prevailing plaintiff's reasonable attorney's fees and court costs |
How to Document Violations
If you believe a debt collector is violating the FDCPA, preserving evidence is critical to any potential legal claim. We recommend the following documentation practices:
- Keep a call log. Record the date, time, phone number, name of the caller, company name, and a summary of what was said during each call.
- Save all written communications. Keep every letter, notice, email, and text message you receive from the collector. Do not throw anything away.
- Record calls where permitted. New York is a one-party consent state, meaning you may record phone calls without the other party's knowledge. Check the law in your state if you are located elsewhere.
- Note voicemail messages. Do not delete voicemails. They may contain violations such as disclosures to third parties or threats.
- Save caller ID and phone records. Your phone's call history and your phone company's records can establish the frequency and timing of calls.
- Keep medical records if applicable. If the harassment has caused or worsened anxiety, depression, or other health issues, medical documentation may support an actual damages claim.
How We Can Help
Rausa Russo Law, PLLC represents consumers throughout New York and, through our network of trusted consumer protection attorneys, across the country in FDCPA claims. Our approach includes:
- Free case evaluation. We review your documentation and assess whether you have a viable claim under the FDCPA.
- Cease-and-desist assistance. We can send a cease-and-desist letter on your behalf, which often carries more weight coming from an attorney.
- Debt validation demands. We can demand that the collector provide proper verification of the debt, which frequently reveals that the collector lacks adequate documentation.
- Federal court litigation. When a collector has violated the FDCPA, we file lawsuits in federal court to hold them accountable and recover damages on your behalf.
- No out-of-pocket cost. Because the FDCPA provides for fee-shifting, we handle most debt collection harassment cases with no upfront cost to the client.
Frequently Asked Questions
Under 15 U.S.C. § 1692d, debt collection harassment includes threats of violence or harm, use of obscene or profane language, repeated phone calls intended to annoy or harass, calling before 8:00 AM or after 9:00 PM without your consent, and publishing your name on a list of debtors. More broadly, any conduct by a debt collector whose natural consequence is to harass, oppress, or abuse a person in connection with the collection of a debt may constitute a violation.
Yes. Under 15 U.S.C. § 1692c(c), you have the right to send a written cease-and-desist letter directing the collector to stop all further communication. Once received, the collector may only contact you one final time to confirm they will cease communication or to notify you of a specific intended legal action. Send your letter by certified mail with return receipt requested. Keep in mind that a cease-and-desist letter does not eliminate the underlying debt; it only stops the collector from contacting you.
The FDCPA generally applies to third-party debt collectors, not original creditors. A debt collector is a person or company that regularly collects debts owed to others, including collection agencies, debt buyers, and attorneys who regularly collect debts. The original creditor is the company that initially extended you credit. Once the original creditor sells or assigns the debt to a third party, the FDCPA applies to that third party's collection efforts.
Under 15 U.S.C. § 1692k, you may recover actual damages (such as emotional distress, lost wages, and medical expenses caused by the harassment), statutory damages up to $1,000 per lawsuit, and reasonable attorney's fees and court costs. The FDCPA's fee-shifting provision means the collector pays your attorney's fees if you prevail. In a class action, statutory damages are capped at the lesser of $500,000 or 1% of the debt collector's net worth.
Generally, no. Under 15 U.S.C. § 1692c(b), a debt collector may not communicate with any third party about your debt except your attorney, a credit reporting agency, the original creditor, or the creditor's attorney. A collector may contact a third party one time solely to obtain your location information, but in doing so may not reveal that they are collecting a debt. If a collector has disclosed your debt to your family, employer, or others, this may be a violation of the FDCPA.