Key Takeaways
- The Fair Debt Collection Practices Act (FDCPA) is a federal law that prohibits debt collectors from using abusive, deceptive, or unfair tactics to collect debts.
- Violations include harassment calls, threats of lawsuits or arrest, misrepresenting the debt amount, and contacting you at work or through third parties.
- You can sue a debt collector in state or federal court within one year of the violation — even if you actually owe the debt.
- Successful FDCPA claims can recover actual damages, up to $1,000 in statutory damages, plus attorney’s fees and court costs — often at no out-of-pocket cost to you.
- Attorney Todd M. Friedman has fought debt collector abuses for over a decade, earning 11 consecutive Super Lawyer designations and an AV Preeminent rating from Martindale-Hubbell.
On This Page
- What Is the Fair Debt Collection Practices Act?
- Who Is Protected Under the FDCPA?
- What Debt Collector Practices Does the FDCPA Prohibit?
- How Many Times Can a Debt Collector Call You?
- Can a Debt Collector Contact Your Family, Employer, or Friends?
- What Lies and Misrepresentations Are Illegal Under the FDCPA?
- How Much Money Can You Recover for an FDCPA Violation?
- How Do You Report an Illegal Debt Collector?
- Frequently Asked Questions
- Why Choose Todd M. Friedman as Your FDCPA Attorney?
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.
→ Schedule a Free Consultation Today
What Is the Fair Debt Collection Practices Act?
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
Who Is Protected Under the FDCPA?
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.
Who Qualifies as a “Debt Collector” Under the FDCPA?
A debt collector is any person or company that regularly collects debts owed to others. This includes:
- Collection agencies hired by original creditors
- Debt buyers who purchased your account at a discount
- Attorneys whose practice regularly involves debt collection
- Corporate collection departments collecting debts under a different name
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.
What Debt Collector Practices Does the FDCPA Prohibit?
The FDCPA prohibits three broad categories of misconduct: harassment and abuse, false or misleading representations, and unfair practices.
Harassment and Abuse
A debt collector cannot engage in conduct designed to harass, oppress, or abuse you. Prohibited tactics include:
- Using or threatening violence
- Using obscene, profane, or abusive language
- Calling you repeatedly with intent to annoy or harass
- Calling without identifying themselves as a debt collector
- Threatening to harm you, your property, or your reputation
- Publishing your name as someone who refuses to pay debts
Illegal Threats
Threats that are false, exaggerated, or legally impossible are specifically prohibited:
- Threatening arrest or criminal prosecution for a civil debt
- Threatening to sue when the collector has no intention of doing so
- Threatening wage garnishment without a court judgment
- Claiming to be law enforcement or a government agency
- Threatening to seize or repossess property without legal authority
Calling at Prohibited Times or Places
A debt collector generally cannot contact you:
- Before 8:00 a.m. or after 9:00 p.m. in your time zone
- At your workplace, if your employer prohibits such calls
- Directly, if the collector knows you have an attorney representing you
Related: Debt Collection Harassment — What It Looks Like and What to Do
How Many Times Can a Debt Collector Call You?
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:
- The limit is per debt, not per consumer — so if you owe multiple debts to different collectors, each can call up to the limit independently.
- Calls to which you gave prior consent, calls that didn’t connect, and calls to your attorney are excluded from the count.
- Persistent calling that falls short of this limit can still be harassment if it’s intended to annoy or abuse.
Can a Debt Collector Contact Your Family, Employer, or Friends?
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:
- The collector cannot reveal that you owe a debt to the third party
- They must identify themselves and state they are seeking location information only
- They cannot contact the same third party more than once
- They cannot use a postcard or any envelope markings that reveal the nature of the communication
- If they know you have an attorney, they cannot contact third parties for location information at all
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.
What Lies and Misrepresentations Are Illegal Under the FDCPA?
The FDCPA prohibits any false, deceptive, or misleading representation in connection with debt collection. Specific examples include:
- Misrepresenting the amount, character, or legal status of a debt
- Falsely claiming to be an attorney or government official
- Threatening legal action the collector cannot or does not intend to take
- Sending documents designed to look like court orders or official legal process when they are not
- Falsely claiming you have committed a crime
- Misrepresenting the collector’s identity or using a false business name
- Providing false credit information to a credit bureau
- Claiming you will lose legal defenses if a debt is sold to a third party
What Disclosures Must a Debt Collector Make?
In their first communication, a debt collector must:
- State the amount of the debt
- Identify the creditor to whom the debt is owed
- Inform you of your right to dispute the debt within 30 days
- State that the communication is from a debt collector attempting to collect a debt
Failure to provide these disclosures is itself an FDCPA violation.
How Much Money Can You Recover for an FDCPA Violation?
If a debt collector violated the FDCPA, you may be entitled to:
- Actual damages — including lost wages, medical expenses, and emotional distress caused by the collector’s conduct
- Statutory damages — up to $1,000 per lawsuit, even without proving actual harm
- Attorney’s fees and court costs — paid by the debt collector if you prevail
- Class action damages — up to $500,000 or 1% of the collector’s net worth in cases involving widespread violations
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
How Do You Report an Illegal Debt Collector?
You have multiple avenues for reporting FDCPA violations:
- Federal Trade Commission (FTC): ReportFraud.ftc.gov
- Consumer Financial Protection Bureau (CFPB): ConsumerFinance.gov/complaint
- Your state attorney general’s office — especially important in states like California, which has its own debt collection laws under the Rosenthal Fair Debt Collection Practices Act
- A private FDCPA attorney — who can pursue compensation on your behalf
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.
Frequently Asked Questions About FDCPA Violations
Can I sue a debt collector even if I actually owe the debt?
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.
What is the difference between the FDCPA and the FCRA?
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.
Can a debt collector garnish my federal benefits?
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.
Can a debt collector email me at my work email address?
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.
What is the Rosenthal Act, and how does it affect California residents?
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.
How long do I have to file an FDCPA lawsuit?
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
Why Choose Todd M. Friedman as Your FDCPA Attorney?
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.
- 11 Consecutive Super Lawyer Designations (2016–2026) — a distinction based on professional achievement and peer recognition
- AV Preeminent Rating from Martindale-Hubbell — the highest peer review rating available to attorneys
- Top 40 Under 40 recognition in consumer and employment law
- Nearly $1 billion recovered for clients across consumer protection and employment law matters
- A+ Rating from the Better Business Bureau, accredited since 2010
- Offices in Los Angeles, Chicago, Cleveland, and Philadelphia — serving clients nationwide
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.
Debt Collectors Don’t Stop on Their Own — We Make Them.
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
