FDCPA violation screener

Screening tool only. This screener identifies potential FDCPA violations for discussion with an attorney. Whether a violation occurred and its value depends on specific facts, timing, and applicable law in your jurisdiction. See our full disclaimer.

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FDCPA attorneys work on contingency - you pay nothing unless you win. If a violation occurred, the debt collector pays your attorney fees. There's no financial risk in a free consultation.

What does the FDCPA actually prohibit?

The Fair Debt Collection Practices Act (15 U.S.C. § 1692) is a federal law that regulates third-party debt collectors - meaning collection agencies and attorneys collecting on someone else's debt. It doesn't apply to the original creditor collecting its own debt.

The FDCPA prohibits 3 broad categories of conduct: harassment and abuse, false or misleading representations, and unfair practices. Within those categories are dozens of specific violations, from calling before 8 a.m. to threatening legal action a collector can't actually take.

If you're also dealing with overwhelming debt beyond the collection harassment, the bankruptcy chapter selector can help identify whether filing would stop collection activity permanently through the automatic stay.

What are the most common FDCPA violations?

Calling before 8 a.m. or after 9 p.m. local time is one of the most frequent violations - and one of the easiest to prove with phone records. Collectors violate this rule constantly.

Continuing to call after receiving a written cease-communication request is another major violation. Once you send that letter, the collector must stop all contact except to confirm they're ending collection or to notify you of a specific action.

Threatening to sue when the debt is time-barred (past the statute of limitations), threatening arrest, claiming to be an attorney or government agency, and misrepresenting the amount owed are all violations that carry statutory damages. Use the debt discharge estimator to understand which underlying debts might also be dischargeable in bankruptcy.

How much can you recover for an FDCPA violation?

The FDCPA provides for up to $1,000 in statutory damages per lawsuit (not per violation), plus actual damages such as lost wages, medical expenses from stress-related illness, and emotional distress damages.

In class actions, the cap is $500,000 or 1% of the collector's net worth, whichever is less. Critically, the debt collector pays your attorney fees if you win - making FDCPA litigation genuinely cost-free for consumers. The 1-year statute of limitations runs from the date of the violation.

Who does the FDCPA protect - and who does it cover?

The FDCPA protects consumers - individuals with personal, family, or household debts. It doesn't apply to business debts. A medical bill or credit card balance is covered. A commercial loan for your LLC is not.

It covers "debt collectors" - third parties collecting a debt on behalf of someone else. That includes collection agencies, debt buyers, and law firms that regularly collect debts. The original creditor (the bank that issued your credit card, the hospital that treated you) is generally not covered unless they use a different name.

Several states have their own mini-FDCPA laws that go further - covering original creditors, lowering the conduct threshold, or increasing damages. California's Rosenthal Act and New York's DCPA are 2 examples. An FDCPA attorney in your state advises on which law provides the strongest protection for your situation. If debt is also driving you toward bankruptcy, the Chapter 7 means test shows whether you'd qualify for a fast discharge.

Frequently asked questions

Generally no. The FDCPA applies to third-party debt collectors - agencies or attorneys hired to collect a debt on behalf of someone else, or companies that purchased the debt. The original creditor (the bank, hospital, or utility that you owe) is not typically covered by the federal FDCPA when collecting its own debt. However, many states have their own debt collection laws that do cover original creditors. California's Rosenthal Fair Debt Collection Practices Act is one example.

Under the FDCPA, debt collectors can only call between 8 a.m. and 9 p.m. in your local time zone. Calling outside those hours is a clear, easily provable violation. Your phone's call log timestamps are sufficient evidence. If a collector calls at 7:45 a.m., that's a violation - even if the call went to voicemail. Some state laws are even stricter on calling hours.

Only in very limited circumstances. A collector can contact your employer once to verify your employment or locate you - but they can't reveal they're collecting a debt. If they call your employer to discuss the debt or pressure your employer about you, that's a violation. Collectors are also prohibited from contacting you at work if you've told them (or they have reason to know) that your employer prohibits such calls.

Once a debt collector receives your written request to stop contact, they must cease all communication. The only exceptions are: confirming they'll stop contacting you, notifying you they're ending collection efforts, or notifying you they intend to take a specific legal action (like filing a lawsuit). Any contact beyond those 3 purposes is an FDCPA violation. Send the letter via certified mail with return receipt so you have documented proof of delivery.

The FDCPA has a 1-year statute of limitations. You must file suit within 1 year of the date the violation occurred. Each violation has its own 1-year clock - so if a collector called you at 7 a.m. last month, you have nearly a year on that particular violation. Don't delay. Consult an FDCPA attorney as soon as possible after a violation to preserve your claim and gather evidence while it's fresh.