Your Rights When a Debt Collector Contacts You

Who these rules apply to

The main federal law covering this area is the Fair Debt Collection Practices Act, which the Consumer Financial Protection Bureau (CFPB) enforces together with its own debt collection rule, known as Regulation F. These rules apply to third-party debt collectors and debt buyers collecting consumer debts such as credit cards, medical bills, personal loans and auto loans. They are aimed at the businesses that collect debts for others, so the exact reach can depend on who is contacting you and what kind of debt it is.

Many states add their own protections on top of the federal ones. If you are not sure whether a particular caller is covered, treat the contact with the same caution either way: ask who they are, ask for the details in writing, and keep records.

The validation notice: your starting point

Soon after a collector first contacts you, it generally has to give you a validation notice. According to the CFPB, this is usually sent with the first communication or within five days of it, by mail or electronically. It is the most useful document you will receive, because it tells you what the collector believes you owe and why.

A validation notice generally includes the following information.

• A statement that the communication is from a debt collector.
• Your name and mailing address, and the collector's name and mailing address.
• The name of the creditor you are said to owe, and the account number if there is one.
• An itemization of the debt showing interest, fees, payments and credits since a particular date.
• The current amount of the debt when the notice is provided.
• Instructions for how to reply, including how to dispute the debt or the amount.
• An end date for a 30-day dispute period.

The 30-day dispute window

You have 30 days from receiving the validation information to dispute the debt in writing. If you do, the collector must pause collecting the disputed amount until it responds adequately to your request. The same applies if you ask in writing for the name and address of the original creditor within that period.

Failing to dispute within the 30 days does not mean you automatically owe the money, but it can affect your ability to rely on some of your rights under the collection rule. For that reason, if anything about the notice looks wrong, send a written dispute inside the window. Use a method that gives you proof of delivery, such as certified mail with a return receipt, and keep a copy of everything you send.

When and how collectors can contact you

In general, a debt collector cannot call you before 8 a.m. or after 9 p.m. Collectors also cannot call repeatedly, or make repeated calls meant to annoy, abuse or harass you or anyone who answers. Under Regulation F, a collector is presumed to be breaking the rule if it calls more than seven times within seven consecutive days about a particular debt, or calls within seven days after having a telephone conversation with you about it.

Regulation F also covers email, text messages and social media. Collectors can use these channels, but they must give you a simple way to opt out, and they may not post about your debt publicly on your social media. Private messages are allowed if the sender identifies itself as a debt collector.

Collectors may not talk to you without identifying themselves as debt collectors, and they may not use a fake company name.

What collectors are not allowed to do

The CFPB lists a number of practices that are off limits. Together they amount to a ban on harassment, deception and unfair tactics.

• Harassing, oppressing or abusing you or the people they contact.
• Using obscene or profane language.
• Threatening violence or harm.
• Lying about how much you owe.
• Falsely claiming to be law enforcement, or saying you will be arrested for not paying.
• Publishing lists of people who refuse to pay their debts. Reporting a debt to a credit bureau is not covered by this ban.
• Using a false name or hiding that they are a debt collector.

How to make a collector stop contacting you

You can tell a collector in writing that you do not want to be contacted about the debt again. Once it receives your letter, it generally must stop, with limited exceptions such as confirming that it will stop or telling you about a specific action like a lawsuit.

It is important to understand what this does not do. Sending a stop-contact letter does not erase the debt, and it does not stop other legal collection methods, such as a lawsuit, or negative reporting to the credit bureaus. If you think the debt is yours and you want to settle it or arrange a payment plan, a stop letter may not be the right first move, because you will want to keep talking to the collector.

A sensible order of steps

If you are contacted about a debt, these steps keep you protected and keep your options open.

1. Do not confirm or agree to anything on the first call. Ask for the collector's name, company and mailing address, and ask for the details in writing.
2. Read the validation notice carefully and compare it to your own records.
3. If anything is wrong, or you do not recognize the debt, dispute it in writing within the 30-day period and keep proof of delivery.
4. Keep a log of every call: the date, time, caller name and what was said. Save every letter, email and text.
5. Do not give out bank account details or agree to automatic payments until you are sure the debt is valid and you understand the total.
6. If you want the contact to stop, send a written stop-contact request.

Where to complain

If a collector breaks these rules, you can submit a complaint to the CFPB at consumerfinance.gov/complaint or by phone at (855) 411-2372. The CFPB forwards complaints to the company and generally aims to get a response within 15 days. You can also contact your state attorney general's office. If a collector sues you, do not ignore the court papers: respond by the deadline and consider speaking to a lawyer or a legal aid organization.

Whatever the situation, a collector's contact is not an emergency to resolve within the hour. You are entitled to take the time to check the debt, understand your options and respond in writing.