A debt collector may contact you about a debt, and federal law limits what collectors can say or do. The Consumer Financial Protection Bureau (CFPB) describes limits on contact and options if you have a debt collection issue or believe information on your credit report is inaccurate.
What to have in front of you
- Documents sent by the debt collector
- Dates and times of conversations, with notes about what you discussed
- Your attorney’s name and contact information, if an attorney represents you about the debt
- Your credit report and documents supporting a dispute, if you believe information in the report is inaccurate
The CFPB says keeping documents and notes can help if you meet with a lawyer or go to court.
Which debts and collectors are covered?
The Fair Debt Collection Practices Act (FDCPA) is the main federal law governing debt collection practices. It prohibits debt collection companies from using abusive, unfair, or deceptive practices to collect debts.
The FDCPA covers debts that are primarily for personal, family, or household purposes. It does not cover business debts. It also generally does not cover collection by the original creditor or business you owed money to.
Under the FDCPA, debt collectors can include collection agencies, debt buyers, and lawyers. A collector covered by the FDCPA who contacts you about a debt must tell you certain information about it.
The federal Fair Credit Reporting Act covers how financial matters, including debts, can be reported in credit reports. State laws may also provide protections against unfair and deceptive practices.
When and where can a collector contact you?
Generally, a debt collector may not contact you at an unusual time or place, or at a time or place the collector knows or should know is inconvenient for you.
Collectors are generally prohibited from contacting you before 8 a.m. or after 9 p.m. If a collector calls when it is inconvenient for you to speak, you can say so. The collector is required to end the call.
If a collector knows or has reason to know that you are not allowed to receive personal communications at work, the collector is not allowed to contact you there.
What about social media, texts, and email?
A debt collector may not publicly post on social media about a debt the collector claims you owe. A collector can contact you privately on social media, unless you request that the collector not contact you that way.
If a collector communicates with you by email, text, or another electronic medium, the collector must offer you a reasonable and simple way to opt out.
Debt collectors may not harass you or anyone else by phone or through another form of contact. That includes texts and emails.
What if an attorney represents you?
If a debt collector knows that an attorney represents you about the debt, the collector generally must stop contacting you and contact the attorney instead. This applies if the collector knows, or can easily find out, the attorney’s name and contact information.
If a collector calls you, the CFPB says you can give the collector your attorney’s name and contact information. You can also tell the collector to contact your attorney directly instead of contacting you.
Keep the documents the collector sends you. You can also write down the dates and times of conversations and notes about what you discussed. These records can help if you meet with a lawyer or go to court.
What if you believe credit report information is inaccurate?
If a debt collector provides information to a consumer reporting company and you believe it is inaccurate, you have the right to dispute that information.
The credit reporting companies must:
- Note on your credit report that you are disputing the information.
- Investigate your dispute.
- Forward all documents you provide in support of the dispute to the company that provided the information.
- Report the results back to you.
What other options are available?
Most states have laws about debt collection practices, and many are similar to the FDCPA. Some state laws cover the original creditor. States also have laws against unfair and deceptive acts and practices that may apply to debt collection.
You can contact your state attorney general’s office to learn about the laws in your state. If you are having an issue with debt collection, you can submit a complaint to the CFPB.
Where this comes from
Consumer Financial Protection Bureau: What laws limit what debt collectors can say or do?