17 Things Debt Collectors Are Legally Prohibited From Doing

Debt collectors may only call between 8am and 9pm in your local time zone — not theirs. An East Coast collector calling a California debtor at 8pm ET (5pm PT) is fine; calling at 11pm ET (8pm PT) is not. This applies to calls, texts, and voicemails.

What to do: Note the exact time and your time zone. Save the voicemail. A single after-hours call is a potential FDCPA violation.

If you tell a debt collector — verbally or in writing — that your employer prohibits you from receiving personal calls at work, they must cease workplace contact immediately. They are also prohibited from contacting you at work if they know (or have reason to know) such calls are inconvenient.

What to do: Send a written notice (certified mail) stating that personal calls to your employer are prohibited. Any call after receipt is a clear violation.

Profanity, obscene language, personal insults, and threats of violence are explicitly prohibited. So is language meant to abuse or harass — including repeatedly calling to annoy you (§ 1692d(5)). The prohibition covers all communication, including voicemails and letters.

What to do: Record calls where legally permitted in your state (many states are one-party consent). Save all voicemails and letters with abusive language.

Debt collectors cannot threaten criminal prosecution or arrest for failure to pay a civil debt. You cannot be arrested for not paying a credit card, medical bill, or personal loan in the United States. This is one of the most commonly violated provisions and one of the most clearcut.

What to do: Any threat of arrest for a civil debt is an automatic FDCPA violation. Document it in writing and contact a consumer protection attorney — most will review for free.

Debt collectors cannot misrepresent the amount of the debt, including inflating fees, interest, or the original principal. The amount claimed must be authorized by the original agreement or permitted by law. Claiming you owe more than you do is a clear FDCPA violation.

What to do: Request a debt validation letter and compare the claimed amount to your original account records. Discrepancies may support an FDCPA claim.

A debt collector that uses letterhead or language suggesting it is a law firm when it is not — or that implies an attorney has reviewed your account when no attorney has — violates the FDCPA. This tactic is designed to make consumers believe legal action is imminent.

What to do: Search the company name and any attorney names on the letter with your state bar association. If they're not licensed attorneys in your state, that's a violation.

Threatening legal action that the collector has no actual intent or legal ability to take is a violation. This includes threatening to sue on time-barred debt, threatening suit when the creditor never sues on small balances, or using "legal action" language as an empty scare tactic.

What to do: Check the statute of limitations on your debt. If expired, any threat of suit may be a violation. Check our Debt Clock tool to see if your debt is time-barred.

Once you notify a collector in writing to stop all contact, they may only contact you to: (a) acknowledge receipt of your request, or (b) notify you of a specific intended action (like filing suit). Any other contact after a cease-and-desist is a violation. The letter must be in writing — a phone request doesn't have the same legal weight.

What to do: Generate a cease-and-desist letter and send it certified mail, return receipt requested. Any contact after they receive it may be a per-contact violation.

Once a collector knows you are represented by an attorney regarding the debt, all further communication must go through your attorney. Direct contact with you at that point is prohibited. This applies even if the collector finds out about your attorney from a third party.

What to do: Notify the collector in writing that you have retained an attorney and provide their contact information. Save the sent letter. Any subsequent direct contact is a violation.

Debt collectors cannot report information they know (or should know) is false to credit reporting agencies. This includes reporting a disputed debt without noting the dispute, reporting incorrect balances, or continuing to report after a debt has been validated as invalid.

What to do: After sending a debt validation letter, monitor your credit report. If the collector continues reporting without noting the dispute, document it.

Interest, fees, and charges can only be added to the debt if they are explicitly authorized by the original credit agreement or permitted by applicable law. Collectors cannot tack on "collection fees," "processing fees," or other unauthorized charges to inflate the balance.

What to do: Request your original credit agreement during debt validation. Compare the fee structure to what the collector claims you owe.

Threatening to seize property, garnish wages, or take other legal remedies without actually having a judgment or legal right to do so is prohibited. Most collectors cannot garnish your wages or bank account without first suing you and winning a judgment.

What to do: Any threat of immediate property seizure or wage garnishment without mention of a lawsuit is a red flag for an FDCPA violation.

Debt collectors cannot publish your name on a list of debtors, post your information publicly as a means of pressuring payment, or otherwise shame you publicly. The FDCPA explicitly prohibits what used to be called "deadbeat lists."

What to do: Any public posting or threat to publish your name is a serious violation. Document it with screenshots and timestamps.

Collectors may contact third parties (neighbors, family members, coworkers) only to locate you — and only once per person, unless that person requests further contact. They cannot reveal that you owe a debt when contacting third parties to locate you.

What to do: If a collector has called the same third party more than once, or disclosed debt information during location inquiries, that is a violation. Get a statement from the third party.

When contacting your employer (only permitted to locate you, not to harass), debt collectors are explicitly prohibited from stating that you owe money. Disclosing your debt to your employer crosses the line from a location inquiry into illegal disclosure.

What to do: If your employer or coworkers were told you owe money, get a written statement from the person who received the call describing what was said.

Debt collectors cannot use a business name that implies they are anything other than a debt collector — such as "National Credit Consulting Group" or other names designed to obscure that they are in the business of debt collection. They must accurately identify themselves.

What to do: Research any company that contacts you at your state's Secretary of State business search. Unclear business names combined with debt collection activity may support a claim.

Every initial communication from a debt collector must include the statement: "This is an attempt to collect a debt and any information obtained will be used for that purpose." Subsequent communications must state they are from a debt collector. Omitting this disclosure in letters or calls is a technical violation that courts have upheld.

What to do: Review the first written communication you received. If this language is absent, you may have a clean FDCPA claim.

Go to consumerfinance.gov/complaint. The CFPB forwards complaints to the collector and requires a response. This creates an official record and can prompt action.

Go to reportfraud.ftc.gov. The FTC uses complaints to build cases against collectors — your complaint may protect other consumers even if no action is taken in your case.

You have one year from the date of the violation to file suit. You don't need to prove you were financially harmed — statutory damages of up to $1,000 are available regardless. Attorneys take these cases on contingency.

Many states have their own debt collection laws that provide additional rights beyond the FDCPA. Your state attorney general may also take action against collectors with multiple complaints.