Fair Debt Collection Practices Act

When a Debtor Can Sue Creditors for Monetary Damages

In 1978, the U.S. Congress passed the Fair Debt Collection Practices Act (FDCPA) with the purpose of providing Americans with greater protection against the sometimes abusive and harassing tactics used by creditors and debt collectors. Any creditor does have a legal right to demand payment from the debtor and to take action to pursue repayment, but there are limits to how far the creditor can legally go. Violations of the terms of the FDCPA make the creditor liable to legal action under which the debtor may sue for monetary damages. The actions that are prohibited under the FDCPA include but are not limited to:

  • Calling you before 8:00 a.m. or after 9:00 p.m.
  • Continuing to contact you after you have informed them that you are represented by an attorney
  • Using any type of misrepresentation or deceit
  • Using abusive or profane language toward you
  • Contacting you at work after you have informed them that this is unacceptable
  • Calling repeatedly to make the phone ring “off the hook”
  • Publishing your name and address on a list of bad debts
  • Discussing your debt with unauthorized parties, such as neighbors or coworkers

Suing Under the FDCPA


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