FDCPA Claims: When Debt Collectors Cross the Line

The Fair Debt Collection Practices Act (FDCPA) sets strict rules for third-party debt collectors. They can't harass you, lie to you or use unfair tactics — and when they do, you may be entitled to damages. MetaCredit helps consumers document violations and pursue FDCPA claims, including through consumer arbitration.

Common FDCPA violations

• Repeated or harassing calls, or calls at inconvenient times (§1692d)
• Threats of arrest, jail or actions they can't legally take (§1692e)
• Misstating the amount owed or adding unauthorized fees (§1692e, §1692f)
• Contacting you at work after being told not to, or contacting others about your debt (§1692c)
• Continuing to collect after you disputed in writing, without verifying the debt (§1692g)
• Reporting a debt to a CRA without noting that you disputed it (§1692e(8))
• Suing or threatening to sue on a debt past the statute of limitations

What you may be able to recover

The FDCPA allows actual damages, statutory damages of up to $1,000 per case, and attorney's fees and costs (§1692k). Every case depends on its facts.

How we build an FDCPA claim

1. Gather every letter, voicemail, text and call log from the collector.
2. Send a written dispute and debt validation request so the collector's next steps are on record.
3. Check your credit reports for how the collector is reporting the debt.
4. Document each violation and how it affected you.
5. Help you pursue the claim, including through AAA consumer arbitration where your agreement allows it.

Act within one year

FDCPA claims generally must be brought within one year of the violation (§1692k(d)). Keep records and reach out quickly.

Frequently asked questions

Does the FDCPA apply to original creditors?

Generally no. The FDCPA covers third-party debt collectors and debt buyers collecting consumer debts. Some state laws cover original creditors too.

Should I record calls with a debt collector?

Recording laws vary by state, and some require consent from everyone on the call. Keep a written log of every call: date, time, who called and what was said.

What if a collector is reporting a debt I disputed?

If a collector knows you disputed a debt and reports it without noting the dispute, that may violate the FDCPA. It may also support an FCRA dispute.

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Educational only. Not legal advice. James Wilhite is not an attorney at law. MetaCredit is not a law firm and does not provide legal representation. Results depend on the facts of each case and are not guaranteed.