What debt collectors can't do
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In 2023 alone, the Consumer Financial Protection Bureau (CFPB) received nearly 110,000 complaints related to debt collection. That number highlights just how common and problematic interactions with debt collectors can be. Even though debt collectors are bound by regulations designed to protect consumers, abusive practices can still happen.
“The FDCPA strictly prohibits debt collectors from harassing or deceiving consumers. They are also prohibited from misrepresenting the amount or status of your debt or stating you owe something when you don’t, all of which violates federal law,” Seann Malloy, managing partner at Malloy Law Offices, said.
Understanding these limitations can empower you to handle debt collection interactions confidently and legally. Here’s a breakdown of what debt collectors can’t do.
It’s illegal for debt collectors to contact you at inconvenient times or places.
Jump to insightHarassment and abusive language are strictly prohibited under federal law.
Jump to insightMisleading statements and false threats are illegal and can be reported to authorities.
Jump to insightContact you at inconvenient times
Debt collectors can only contact you between 8 a.m. and 9 p.m. in your time zone, and this time restriction applies to any form of communication.
“They can’t call before 8 a.m. or after 9 p.m., use abusive language, threaten violence or harass you in any way,” said Malloy. “These behaviors violate your right to privacy and due process.” Debt collectors also can’t contact you at work if you tell them you can’t get calls there, according to the Federal Trade Commission (FTC).
In other words, any place or time you specifically identify as inconvenient, like your job or during a night shift, must be respected under the Fair Debt Collection Practices Act (FDCPA). If a collector contacts you at an inappropriate time or place after being told not to, you can file a complaint with the CFPB.
Harass or abuse you
Debt collectors can't harass you using threats or obscene or abusive language. They also can’t call you repeatedly to intimidate you. These actions are prohibited under the FDCPA and can be reported as violations.
To protect yourself, avoid engaging with aggressive collectors. Ask for all debt collection communication in writing and don’t share any personal information over the phone. You have the right to request that they stop contacting you entirely.
If you believe a collector is harassing you, document everything, including voicemails, emails and the dates and times of calls. Then file a complaint with the CFPB or your state attorney general’s office.
Make false or misleading statements
Unethical debt collectors will sometimes use misleading tactics, like claiming you’ll be arrested if you don’t pay. “Some debt collectors may also pretend to be someone they are not (such as a lawyer or government official) or lie about the amount of money owed,” Leslie H. Tayne, a finance and debt expert and founder of the Tayne Law Group, said. These scare tactics and false claims are illegal under federal law.
Never pay right away if you aren’t sure whether a debt is real. To verify the debt, ask for a written validation notice from the debt collector. This should include the amount you owe, the name of the original creditor and your right to dispute the debt within 30 days.
Always ask for debt collection requests in writing before making any payments.
According to the CFPB, debt collectors must give you certain information about your debt, known as validation information, under the debt collection rule. If they refuse or keep pressuring you without proper documentation, that’s a big red flag.
Discuss your debt with third parties
According to the FTC, debt collectors aren’t allowed to discuss your debt with anyone other than you, your spouse or your attorney. If they share detailed information about your debt with your friends, coworkers or family members, that would violate your privacy rights under the FDCPA.
That said, collectors can contact third parties to locate you. But even then, they can’t mention that you owe money or contact the same person more than once. If a collector violates your privacy in this way, document what happened and file a complaint with the CFPB or your state attorney general’s office.
Threaten illegal actions
Debt collectors can't legally threaten to arrest you, garnish your wages or seize your property unless they have the legal authority and intent to do so. For example, they can’t garnish your wages without first winning a court judgment, and they can't send you to jail over unpaid consumer debt.
“Any verbiage that is threatening and aggressive is likely an illegal debt collection practice,” Tayne said.
Any verbiage that is threatening and aggressive is likely an illegal debt collection practice. ”
If you’re being threatened with illegal actions, don’t respond out of fear. Tayne recommends verifying the collector's identity and educating yourself on your rights under the FDCPA. Also, consider contacting a debt attorney who can speak with the collectors on your behalf and ensure your rights are fully protected.
» LEARN: Ways to pay off debt
FAQ
How can you stop a debt collector from contacting you?
If you want a debt collector to stop contacting you, simply write a letter to the debt collector telling them to stop. The CFPB has sample letters that you can use to respond.
What should you do if a debt collector violates your rights?
If a debt collector violates your rights, you can submit a complaint with the CFPB, report your complaint with the state attorney general's office or even take legal action against the debt collector, if necessary.
How can you verify a debt collector's identity?
To verify a debt collector’s identity, ask them to provide their name, company name, company street address, phone number and professional license number. You can also find out more information about the debt collector through your state’s attorney general or a state regulator.
Are debt collectors allowed to threaten legal action?
Debt collectors can only threaten legal action if they actually intend to follow through and have the legal right to do so. If they say they’re going to sue you but don’t actually plan to or aren’t allowed to, that’s considered a deceptive and illegal practice under the FDCPA.
What to do if a debt collector breaks the law
If a debt collector harasses you, lies about your debt or threatens illegal action, you have the right to take action. Start by documenting everything — calls, voicemails, emails and any written communication. Once the behavior is documented, report it to the CFPB or your state attorney general’s office. These agencies can investigate and may take legal action on your behalf.
You can also talk to a debt attorney about your rights under the FDCPA. In some cases, you might be able to sue for damages. “I’ve seen clients win up to $1,000 per violation under the FDCPA,” Malloy said.
Article sources
ConsumerAffairs writers primarily rely on government data, industry experts and original research from other reputable publications to inform their work. Specific sources for this article include:
- Consumer Financial Protection Bureau, “Consumer Response Annual Report.” Accessed May 27, 2025.
- Federal Trade Commission, “Debt Collection FAQs.” Accessed May 27, 2025.
- Consumer Financial Protection Bureau, “What information does a debt collector have to give me about a debt they’re trying to collect from me?” Accessed May 27, 2025.
