Debt collectors calling at all hours, threatening you, or using abusive language? You don’t have to tolerate it. The Fair Debt Collection Practices Act (FDCPA) prohibits harassment and gives you the right to sue collectors who break the law. You may be entitled to up to $1,000 in statutory damages plus compensation for any harm caused—and the collector pays your attorney fees if you win.
Quick Answer
Yes, you can sue a debt collector for harassment and other FDCPA violations. You can recover up to $1,000 in statutory damages per lawsuit, plus actual damages for any harm suffered, plus attorney fees. The statute of limitations is just one year, so act quickly. You can also file complaints with the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC).
What the FDCPA Prohibits
The Fair Debt Collection Practices Act bans abusive, unfair, and deceptive practices by third-party debt collectors:
Harassment and Abuse
- Calling repeatedly to annoy or harass (more than 7 times in 7 days per debt)
- Using obscene or profane language
- Threatening violence or criminal action
- Publishing your name on a “bad debt” list
- Calling without identifying themselves as debt collectors
False or Misleading Statements
- Claiming to be attorneys or government officials when they’re not
- Misrepresenting the amount owed
- Falsely claiming you’ll be arrested or imprisoned
- Threatening lawsuits they can’t or won’t actually file
- Misrepresenting themselves as credit bureau representatives
Unfair Practices
- Collecting amounts not authorized by the debt agreement
- Depositing post-dated checks early
- Taking or threatening to take property without legal right
- Contacting you by postcard
- Adding unauthorized fees or charges
Communication Violations
- Calling before 8 AM or after 9 PM
- Calling your workplace when they know your employer prohibits it
- Contacting you after you’ve sent a written cease communication request
- Telling third parties about your debt (except spouse, attorney, or credit bureaus)
- Failing to provide required debt validation information
Common FDCPA Violations
| Violation | What Happened |
|---|---|
| Excessive calls | Calling more than 7 times within 7 days about same debt |
| Third-party disclosure | Telling your family, friends, or coworkers about your debt |
| Invalid debt collection | Attempting to collect debt you don’t owe |
| Missing validation notice | Not providing written notice within 5 days of first contact |
| False threats | Threatening lawsuits, wage garnishment, or arrest without intent or authority |
| Ignoring disputes | Continuing collection after you disputed the debt in writing |
What Damages Can You Recover?
Statutory Damages
Up to $1,000 per lawsuit—you don’t need to prove any actual harm. The violation itself entitles you to damages.
Actual Damages
Compensation for harm caused by the violations:
- Emotional distress: Anxiety, stress, lost sleep, humiliation
- Financial losses: Lost wages if you missed work, medical bills for stress-related conditions
- Additional phone charges: Excessive minutes used on harassment calls
- Credit damage: If false reporting harmed your credit
Attorney Fees and Costs
If you win, the debt collector must pay your reasonable attorney fees—making it financially viable to pursue even smaller claims.
Class Action Damages
In class actions, the class can recover up to the lesser of $500,000 or 1% of the debt collector’s net worth.
Statute of Limitations
One year from the date of the violation. This is a short deadline—don’t delay.
How to Build Your Case
Document Everything
- Keep a call log: Date, time, caller name, what was said
- Save voicemails: Don’t delete—they’re evidence
- Keep written communications: Letters, emails, text messages
- Note witnesses: If others overheard calls
- Get phone records: Prove call frequency
Record Phone Calls
In many states, you can record calls with only one party’s consent (yours). Before recording:
- Check your state’s recording laws
- Some states require all-party consent
- Recordings provide powerful evidence of violations
Send Written Notices
- Debt validation request: Within 30 days of first contact, request written proof of the debt
- Cease communication request: Send certified letter telling them to stop contacting you
- Keep copies: Of everything you send
Your Rights Under the FDCPA
Right to Validation
Within 30 days of first contact, you can request written verification of:
- Amount of the debt
- Name of the original creditor
- Proof you owe the debt
The collector must stop collection efforts until they provide this information.
Right to Dispute
If you dispute the debt in writing within 30 days, the collector must stop until they verify the debt.
Right to Cease Communication
You can send a written request telling the collector to stop contacting you. After that, they can only contact you to:
- Confirm they’re stopping communication
- Notify you of specific actions (like filing a lawsuit)
Who Is Covered by the FDCPA?
Covered Debt Collectors
- Collection agencies
- Lawyers who regularly collect debts
- Companies that buy delinquent debts
NOT Covered
- Original creditors collecting their own debts
- In-house collection departments
- Some government debt collectors
Note: State laws may provide broader coverage than federal law.
Filing a Lawsuit vs. Complaints
File a Lawsuit
You can sue in:
- Federal court: More FDCPA experience
- State court: May allow state law claims too
- Small claims court: For smaller amounts without an attorney
File Complaints
Even without suing, report violations to:
- CFPB: consumerfinance.gov/complaint
- FTC: ftc.gov/complaint
- State Attorney General: Consumer protection division
Complaints create records and may prompt enforcement actions.
Frequently Asked Questions
Can I sue even if I owe the debt?
Yes! The debt collector must follow the law even if the underlying debt is valid. You can owe money and still sue for harassment. The lawsuit is about how they collected, not whether you owe.
What if the collector is calling about someone else’s debt?
Attempting to collect a debt you don’t owe is itself an FDCPA violation. Request validation, dispute the debt in writing, and consider suing if they continue.
Can collectors contact my family?
They can contact third parties only to locate you—not to discuss your debt. They cannot tell your family, employer, or friends that you owe money. One contact per third party is allowed.
Do I need a lawyer to sue?
You can represent yourself, especially in small claims court. But because the FDCPA requires the collector to pay your attorney fees if you win, hiring a lawyer often makes sense and may cost you nothing out of pocket.
What if I’ve already paid the debt?
Continuing to collect after payment is a violation. Document that you paid and demand they stop. If they continue, you may have a strong lawsuit.
When to Contact a Lawyer
Consider consulting a consumer rights attorney if:
- A debt collector is harassing you
- You’re receiving calls about debts you don’t owe
- Collectors are contacting your family, friends, or employer
- You’ve received threatening or abusive communications
- The one-year statute of limitations is approaching
- You want help sending dispute or cease communication letters
Many consumer protection attorneys offer free consultations and take FDCPA cases on contingency—you pay nothing unless you win, and the collector pays your fees.
