Debt collector calls: your rights, and how to spot a fake

Debt collection calls are stressful whether or not you owe the money. The good news: federal law puts real limits on how collectors can contact you, and the same rules make fake collectors easier to spot. Here's what a legitimate collector can and can't do, how to check they're real, and where to complain.

The laws that protect you

The Fair Debt Collection Practices Act (FDCPA) covers third-party debt collectors: collection agencies, companies that buy old debts, and lawyers who regularly collect debts. It generally doesn't cover the original lender collecting its own debt, though many states have laws that do. The Consumer Financial Protection Bureau's Regulation F, which took effect in November 2021, spells out how the FDCPA applies to calls, texts, emails and social media.

How often they can call

Regulation F sets a presumption about call frequency for each debt. A collector is presumed to be breaking the law if it:

• calls you more than seven times within seven days about a particular debt, or
• calls you within seven days after having a phone conversation with you about that debt.

These are presumptions, not free passes. Calling less often can still be harassment if the calls are meant to wear you down.

When and where they can contact you

• Hours: collectors generally can't call before 8 a.m. or after 9 p.m. your local time, or at any other time they know is inconvenient for you. If you work nights, tell them.
• Work: they can't call you at work if they know your employer doesn't allow it.
• Texts and email: every one must give you a simple way to opt out.
• Social media: they can send private messages, but can't post publicly about your debt.
• Other people: they can contact others mainly to find your contact information, and generally can't tell them you owe money.

What collectors can't do

• Threaten violence, arrest or jail.
• Use obscene language or call repeatedly to harass you.
• Lie about the amount you owe, or pretend to be a lawyer or a government official.
• Threaten a lawsuit they can't or don't intend to bring, including on old debts past the statute of limitations.
• Add fees or interest that your agreement or the law doesn't allow.

The validation notice

A collector must send you a validation notice, either in its first communication or within five days after first contacting you. It must include the collector's name and address, the creditor's name, an itemized breakdown of the balance, and the date your 30-day dispute period ends.

If you dispute the debt in writing within those 30 days, or ask for the original creditor's name, the collector has to pause collecting the disputed amount until it responds with verification. Send disputes in a way you can prove: certified mail, or the collector's online portal with a screenshot. Keep copies of everything.

How to make them stop

You can tell a collector in writing to stop contacting you. After that, they can generally only contact you to confirm they're stopping or to tell you about a specific action, such as filing a lawsuit. Stopping the calls doesn't erase a debt you actually owe, so if it's yours, it may still be worth working out a plan.

How to spot a fake debt collector

Scammers pose as collectors to scare people into paying debts that don't exist, sometimes using real details from a data breach. Warning signs:

• They won't give you the company's name, mailing address or a callback number, or refuse to send anything in writing.
• They threaten arrest, deportation, a suspended license or a call to your employer today.
• They demand payment by gift card, wire transfer, crypto or a payment app.
• They ask you to "confirm" your Social Security number or bank account.
• They claim to be a lawyer, the police or a court, and insist you pay before a "hearing."
• You don't recognize the debt at all.

How to verify a collector

1. Ask for the collector's name, company, mailing address and phone number, and the name of the original creditor. Then hang up.
2. Look the number up on ShadyCall to see what others report and any FTC/FCC complaints.
3. Check your credit reports free at AnnualCreditReport.com to see whether the debt appears.
4. Contact the original creditor using a number from your own records and ask who, if anyone, they sent the account to.
5. Don't pay until you have the validation notice and it matches.

Where to complain

• Consumer Financial Protection Bureau: consumerfinance.gov/complaint or (855) 411-2372. The CFPB forwards complaints to the company and asks for a response.
• Federal Trade Commission: ReportFraud.ftc.gov, especially for fake collectors.
• Your state attorney general: many states license collection agencies. Find yours at naag.org/find-my-ag.

You can also sue a collector that breaks the FDCPA, generally within one year of the violation. The law lets you recover damages and attorney's fees, so many consumer lawyers take these cases without upfront payment.