Undisclosed
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TCPA class action against the Los Angeles Times. Final approval granted 2014.
A Consumer Protection and Employment Law Firm Serving California, Ohio, Pennsylvania, and Illinois.
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Debt collectors have a job to do — but the law draws a hard line on how they can do it. If a collector has threatened you, called you at all hours, contacted your employer, or lied about what you owe, they may have violated the Fair Debt Collection Practices Act (FDCPA) — and you may be entitled to compensation.
At the Law Offices of Todd M. Friedman, P.C., we represent consumers across California, Ohio, Illinois, and Pennsylvania who have been subjected to illegal debt collection tactics. You don’t have to tolerate the harassment, and in most cases, you pay nothing unless we win.
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The Fair Debt Collection Practices Act (FDCPA), codified under 15 U.S.C. § 1692, is a federal consumer protection law enacted in 1977. It governs how third-party debt collectors — including collection agencies, debt buyers, and attorneys who regularly collect debts — may communicate with consumers and pursue unpaid debts.
The FDCPA does not eliminate legitimate debt collection. It establishes boundaries: what collectors can say, when they can call, who they can contact, and what they must disclose. Violations of those boundaries give consumers the right to sue — regardless of whether the underlying debt is valid.
The law is enforced by the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB), and consumers can also file private lawsuits.
Related: FCRA Violations — When Debt Appears Incorrectly on Your Credit Report
The FDCPA protects individual consumers from third-party debt collectors attempting to collect personal, family, or household debts — such as credit card balances, medical bills, auto loans, student loans, and utility bills.
A debt collector is any person or company that regularly collects debts owed to others. This includes:
Note: Original creditors collecting their own debts are generally not covered by the FDCPA, though many states — including California — have state laws that extend similar protections. See our page on creditor harassment for more information.
The FDCPA prohibits three broad categories of misconduct: harassment and abuse, false or misleading representations, and unfair practices.
A debt collector cannot engage in conduct designed to harass, oppress, or abuse you. Prohibited tactics include:
Threats that are false, exaggerated, or legally impossible are specifically prohibited:
A debt collector generally cannot contact you:
Related: Debt Collection Harassment — What It Looks Like and What to Do
Under the FDCPA, a debt collector cannot call a consumer more than seven times within seven consecutive days, or within seven consecutive days after having a phone conversation with the consumer about that specific debt.
Three important nuances apply:
Generally, no — with narrow exceptions. Under the FDCPA, a collector may contact a third party only to locate you (known as “skip tracing”), and even then, strict rules apply:
Permitted third-party contacts include your spouse, your attorney, the original creditor, a credit reporting agency, and co-debtors — subject to all other FDCPA restrictions.
If a debt collector has contacted your employer in a way that embarrassed you or put your job at risk, that may constitute a serious FDCPA violation. Contact our office to discuss your situation.
The FDCPA prohibits any false, deceptive, or misleading representation in connection with debt collection. Specific examples include:
In their first communication, a debt collector must:
Failure to provide these disclosures is itself an FDCPA violation.
If a debt collector violated the FDCPA, you may be entitled to:
Because attorney’s fees are recoverable, most FDCPA cases are handled on a contingency fee basis — meaning you pay nothing unless your attorney wins. This makes legal representation accessible regardless of your financial situation.
You must file your lawsuit within one year of the date the violation occurred.
Related: Class Action Lawsuits — When Systemic Violations Affect Many Consumers
You have multiple avenues for reporting FDCPA violations:
Filing a regulatory complaint and filing a lawsuit are not mutually exclusive. An experienced FDCPA attorney can help you pursue both simultaneously to maximize your protection and potential recovery.
Yes. The FDCPA governs how a debt is collected, not whether the underlying debt is valid. A collector can violate the FDCPA even if every dollar of the debt is legitimate. Owing money does not waive your right to be treated lawfully.
The FDCPA governs debt collector conduct — how they contact and communicate with you. The Fair Credit Reporting Act (FCRA) governs the accuracy of information on your credit report. If a debt collector has reported a debt inaccurately to a credit bureau, both laws may apply to your situation.
Most federal benefits are exempt from garnishment under federal law. Protected benefits typically include Social Security, Supplemental Security Income (SSI), veterans benefits, federal student aid, military annuities, railroad retirement benefits, and federal emergency disaster assistance. Exceptions exist for child support, alimony, delinquent taxes, and student loan obligations. State laws vary regarding state benefit garnishment.
Generally, no. The FDCPA prohibits a debt collector from sending messages to a work email address the collector knows is a work address — unless you previously used that address to communicate with the collector about the debt and haven’t opted out, or you specifically consented to that contact method.
California’s Rosenthal Fair Debt Collection Practices Act extends FDCPA-like protections to debts collected by original creditors, not just third-party collectors. It also covers business debts in some circumstances. California consumers may have broader rights than federal law alone provides.
You must file within one year of the date the violation occurred. If you’re unsure whether the statute of limitations has run on your claim, contact an FDCPA attorney as soon as possible — waiting can cost you your right to sue.
See also: Full FDCPA FAQ
Not every attorney who handles FDCPA cases has the depth of experience — or the track record — to take on aggressive debt collectors and win. Todd M. Friedman has built his practice around exactly this kind of consumer rights litigation.
When you work with our firm, you speak directly with attorney Todd Friedman — not a paralegal or intake coordinator. You get a clear, honest evaluation of your case without the runaround.
If a debt collector has harassed you, threatened you, or lied to you, the law is on your side. The Law Offices of Todd M. Friedman, P.C. offers free initial consultations and handles most FDCPA cases on contingency — you pay nothing unless we recover for you.
Call 323-690-1688 or contact us online to get started today.
Explore Related Practice Areas:
All Consumer Rights Practice Areas
FDCPA Frequently Asked Questions
FCRA — Fair Credit Reporting Act Violations
