FDCPA Lawyer: Sue Debt Collectors Who Harass You

Collectors count on consumers not knowing the rules. An FDCPA lawyer holds them to those rules.

• Takes the pressure off you. Once a collector knows a lawyer represents you on the debt and can find the lawyer's name and address, it generally must deal with the lawyer instead of contacting you (15 U.S.C. § 1692c(a)(2)).
• Builds the record. Your call logs, voicemails, letters and texts are compared against the FDCPA and the CFPB's Regulation F to find the violations.
• Files the claim. An FDCPA lawsuit can be brought in federal district court, whatever the amount in dispute (§ 1692k(d)).
• Pursues your recovery. Actual damages, additional damages of up to $1,000 in an individual case, and, if the case succeeds, costs and a reasonable attorney fee set by the court (§ 1692k(a)).

For the longer version, read what an FDCPA attorney does.

Collectors cross the line in predictable ways. Conduct that can support an FDCPA claim includes:

• Calling to wear you down. Repeated calls meant to annoy, abuse or harass are prohibited (§ 1692d(5)). Regulation F presumes a violation, with some exceptions, when a collector calls about a debt more than seven times within seven consecutive days, or within seven days after a phone conversation with you about it (12 C.F.R. § 1006.14(b)(2)).
• Calling at night or early morning. Unless a collector knows otherwise, it must treat calls before 8 a.m. or after 9 p.m. your local time as inconvenient (§ 1692c(a)(1)).
• Threatening what it can't or won't do. Implying you will be arrested, or threatening a lawsuit or garnishment that cannot legally happen or is not intended, is prohibited (§ 1692e(4)–(5)).
• Posing as a lawyer. A collector may not falsely suggest that anyone is an attorney or that a letter comes from one (§ 1692e(3)).
• Telling other people about your debt. With narrow exceptions, a collector may not discuss the debt with your family, coworkers or employer (§ 1692c(b)), and may not contact you at work if it knows your employer forbids it (§ 1692c(a)(3)).
• Ignoring your written request to stop. After you tell a collector in writing to stop contacting you, only a few narrow follow-up contacts are allowed (§ 1692c(c)).
• Texting or emailing without an opt-out. Collection texts and emails must include a clear, simple way to opt out (12 C.F.R. § 1006.6(e)).
• Collecting a disputed debt without verifying it. If you dispute the debt in writing within the validation period, the collector must stop collecting until it mails you verification (§ 1692g(b)).

The CFPB's plain-language page explains what counts as collector harassment.

The FDCPA applies to debts incurred primarily for personal, family or household purposes (15 U.S.C. § 1692a(5)). Common situations include:

• A medical bill sent to collections. The FDCPA covers the collection agency, generally not the hospital or doctor billing you directly. Start with medical bills in collections.
• A debt your divorce decree gave to your ex. See collection calls after divorce.
• Texts that ignore "STOP." Read about reply STOP violations.
• Letters dressed up as law-firm letters. Learn to spot fake lawyer letters.
• A debt you don't recognize. You can demand proof with a debt validation letter.

This review is meant for situations where three things are true:

1. A collection agency or debt buyer is collecting. The FDCPA's definition of a debt collector covers businesses that regularly collect debts owed to someone else (§ 1692a(6)). It generally does not reach an original lender collecting its own debt.
2. The debt is personal, not a business debt.
3. The conduct is recent. An FDCPA lawsuit generally must be filed within one year of the violation (§ 1692k(d)).

Not sure about one of these? Submit anyway and tell us what you know. Uncertain answers are reviewed by a person; the form does not decide your case.

If you have received a summons, complaint or other court papers, your deadline to respond in court comes first, and this page cannot calculate it. Go to the debt lawsuit defense page and have the papers reviewed promptly.

You do not need a perfect file to get started. If you can, keep:

• Call logs showing dates, times, numbers and frequency.
• Voicemails, letters, texts, emails and screenshots.
• The collector's name and the original creditor's name.
• Notes on what was said, who heard it, and what you told the collector.

Do not send Social Security numbers, full account numbers or detailed medical information through the first form. The evidence-saving guide and the cease-and-desist letter guide cover practical next steps.

1. Intake: the team reviews your contact details and screening answers, including whether you have received court papers.
2. Legal review: an attorney or trained reviewer considers whether the facts may support an FDCPA or related claim and whether the firm can handle it.
3. Next step: if the matter fits, the firm may ask for records, schedule a consultation or discuss a referral. If it does not, you will be told.

Every case depends on its facts; submitting an inquiry does not promise a specific timeline, settlement or outcome.

The $1,000 limit on additional damages applies to an individual's action as a whole, not to each call or letter. In setting the amount, the court considers how often and how persistently the collector broke the rules, the nature of the violations, and whether they were intentional (§ 1692k(b)(1)).

What it costs you: if we take your FDCPA case, you pay nothing: no retainer, no attorney fees and no case costs. If the case succeeds, our fee comes from the debt collector that broke the law, and you can receive additional damages of up to $1,000, plus any actual damages.

State-law claims may add remedies or allow more time. Whether you can recover anything depends on the facts; no result is guaranteed.

Since founding Hyslip Legal, LLC in 2018, attorney Jeffrey S. Hyslip (J.D., Capital University Law School, 2005) has represented consumers across more than 10 states in federal litigation against third-party collection agencies, debt buyers, and collection law firms. Our practice routinely litigates claims involving medical debt harassment, unauthorized collection fees, third-party family disclosures, and "letterhead renting" schemes in federal district court.

Two closed FDCPA matters show the kind of work involved: a letterhead renting case and a case over collection fees. Past results do not guarantee a similar outcome.