Your rights when a debt collector calls

Who these rules cover

The Fair Debt Collection Practices Act (FDCPA) and the CFPB's Regulation F apply mainly to third-party debt collectors: collection agencies, debt buyers and some law firms that collect consumer debts. They generally don't cover the original lender collecting its own debt, though some state laws do.

Covered debts include credit cards, medical bills, personal loans, car loans and mortgages used for personal, family or household purposes.

How and when they can contact you

• Reasonable hoursNot before 8 a.m. or after 9 p.m. in your time zone, unless you agree.
• Call limitsMore than seven calls within seven days, or calling within seven days after a phone conversation about the debt, is presumed to be harassment.
• Not at work if you say noIf they know your employer doesn't allow it, they can't contact you there.
• Email, texts and social mediaCollectors can use them, but must offer an easy way to opt out, and can't post publicly about your debt.
• Respect a lawyerIf you have an attorney for the debt, they must contact the attorney instead.

What collectors can never do

• Threaten arrest or violenceUnpaid consumer debt isn't a crime.
• Lie about the amount or who they areIncluding pretending to be a lawyer or government official.
• Use obscene or abusive language
• Tell your family, friends or employer about your debtThey may contact others only to find your contact information.
• Add unauthorized fees or interestOnly amounts allowed by your agreement or the law.
• Sue over time-barred debtOr threaten to.

The validation notice and your 30 days

Within five days of first contacting you, a collector must give you a validation notice showing the amount owed, the name of the creditor, an itemization of interest, fees and payments since a specific date, and how to dispute.

You then have a 30-day validation period to dispute in writing. If you do, the collector must stop collecting until it sends you verification.

How to make them stop contacting you

You can tell a collector in writing to stop contacting you. After that, they may only confirm they're stopping or tell you about a specific action, like a lawsuit. This doesn't erase the debt.

If you're sued

1. Don't ignore the papers

   Missing the deadline usually means a default judgment against you.

2. File a response on time

   You can raise defenses like wrong amount, not your debt, or the statute of limitations.

3. Get help

   Look for legal aid at LawHelp.org or your state bar's referral service.

Limits on wage garnishment

For most consumer debts, federal law limits garnishment to the lesser of 25% of your disposable earnings or the amount by which weekly disposable earnings exceed 30 times the federal minimum wage. Some states protect more.

Most federal benefits, such as Social Security, are protected from garnishment by private creditors. Banks must protect two months of directly deposited federal benefits in your account.

Report a collector

Keep notes of every call: date, time, name and what was said. Then report violations to the CFPB, the FTC and your state attorney general. You may also be able to sue a collector that breaks the FDCPA.

Frequently asked questions