Debt collection agencies often harass consumers with endless phone calls, letters, and even text messages. While collectors have the right to pursue legitimate debts, they don’t always get the facts straight. Many folks living in the U.S have been chased for debts they already paid, debts that belong to someone else, or debts that are too old to collect. The good news is that you have rights – and there are smart ways to stop the harassment.
Know Your Rights Under Federal Law
The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers from abusive debt collection practices.
- Collectors cannot call you before 8 a.m. or after 9 p.m. without your consent.
- They cannot harass, threaten, or use abusive language on the phone.
- They are prohibited from contacting your employer or family members about your debt (except to locate you).
- You have the right to request written verification of the debt, and they must stop contacting you until they provide it.
If a collector violates these rules, you can report them to:
- Federal Trade Commission (FTC)
- Consumer Financial Protection Bureau (CFPB)
- Your State Attorney General’s Office
How to Stop Phone Calls and Text Messages
Under the FDCPA, you have the right to demand that a collector stop contacting you. Here’s how:
1) Write a “cease and desist” letter. Clearly state that you don’t want further communication.
2) Send it by certified mail with return receipt. This provides proof they received it.
3) Keep a copy of the letter and receipt. Documentation is crucial if they continue contacting you.
After this, a debt collector can only reach out to confirm they’ll stop contacting you- or to notify you of legal action. Repeated calls or texts after your letter may qualify as harassment.
Request Debt Validation
Collectors must prove that the debt is yours. Within five days of first contacting you, they must provide:
- The amount of the debt
- The name of the original creditor
- Information about your right to dispute the debt
If you’re unsure, send a debt validation request letter within 30 days. Until they respond with proof, they cannot continue collection efforts.
Beware of Old or Incorrect Debts
Sometimes, agencies try to collect on time-barred debts – debts so old that they can no longer be enforced in court.
- Each state has a statute of limitations, often 3–6 years for most debts.
- If the debt is past this time limit, collectors cannot sue you.
- Be cautious: making a payment may restart the clock in some states.
Always confirm the debt’s status before agreeing to pay.
Report Abusive Debt Collectors
If harassment continues, take action:
- FTC (Federal Trade Commission) — Tracks abusive practices.
- CFPB (Consumer Financial Protection Bureau) — Investigates complaints and enforces penalties.
- Your State Attorney General — Pursues violations under state laws.
- National Association of Consumer Advocates (NACA) — Connects consumers with attorneys who fight abusive collectors.
You may also be entitled to sue the debt collector for damages under the FDCPA.
Take Back Control
Dealing with debt collectors can be stressful, but knowledge is your best weapon. By asserting your rights, requesting validation, and cutting off harassment, you can stop unfair collection practices.
Remember: Collectors rely on fear and confusion. The more informed you are, the less control they have over you.
Frequently Asked Questions (FAQ)
Can debt collectors call me at work?
Not if you tell them your employer doesn’t allow it. They also can’t discuss your debt with your boss or co-workers.
What should I do if I don’t recognize the debt?
Send a written debt validation request within 30 days. Until they respond with proof, they must stop contacting you.
Can I ignore debt collectors?
Yes, you can request that they stop contacting you, but ignoring them won’t make a legitimate debt disappear. They could still sue within the statute of limitations.
What if a debt is past the statute of limitations?
Collectors cannot sue you for it, but they may still contact you. Be careful—paying or acknowledging the debt might restart the clock.
How do I file a complaint against a collector?
You can report them to the FTC, the CFPB, and your State Attorney General’s Office. Keep records of all calls, letters, and texts.
