Debt Collection Rights: What Collectors Can’t Do Under the FDCPA
The validation notice and your 30-day dispute window, the seven-calls-in-seven-days rule, when collectors must stop contacting you, how old debt works, and how to complain, from the statute and the CFPB’s Regulation F.
The Fair Debt Collection Practices Act (FDCPA, 15 U.S.C. §§ 1692–1692p) sets the ground rules for debt collectors, and the CFPB’s Regulation F (12 CFR part 1006) spells them out in detail. Knowing a few of those rules lets you slow a collector down, force it to prove the debt and stop calls you don’t want. This page sticks to what the law and regulation actually say, checked October 22, 2026. It is not legal advice; if you’ve been sued, talk to a lawyer or legal aid office.
Who the rules cover
The FDCPA applies to “debt collectors” collecting consumer debts, meaning debts for personal, family or household purposes (§ 1692a(5)). A debt collector is a business whose main purpose is collecting debts, or one that regularly collects debts owed to someone else (§ 1692a(6)). That includes collection agencies, and can include debt buyers and law firms that regularly collect consumer debts.
It generally does not cover the original creditor collecting its own debt in its own name. If your credit card bank calls about your past-due card, the FDCPA mostly doesn’t apply; once the account is placed with an outside agency, it does. (A creditor that collects under a name suggesting a third party is covered.) Business debts aren’t covered either.
The validation notice: what it must say
Within five days of first contacting you, a collector must give you “validation information” about the debt, unless it gave it in that first contact or you’ve paid (12 CFR 1006.34(a)). The CFPB publishes a model notice (Model Form B-1) that collectors may use. The notice must include:
| Item | Why it matters |
|---|---|
| Collector’s name and dispute mailing address | Where to send your dispute |
| Your name and address | Check it’s actually you |
| For credit cards and other consumer financial products, the creditor on the itemization date | Helps you recognize the account |
| Account number (may be truncated) and current creditor | Shows who owns the debt now |
| An itemization date and the amount owed on that date | A fixed starting point: last statement, charge-off, last payment, transaction or judgment date |
| Itemized interest, fees, payments and credits since then, and the current amount | Lets you spot added fees and missing payments |
| The exact date your validation period ends | Your deadline to dispute or ask for the original creditor |
| A tear-off response section with dispute checkboxes | You can dispute by checking a box and mailing it back |
| A reference to the CFPB’s website, cfpb.gov/debt-collection (for consumer financial product debts) | Where to learn your rights |
Source: 12 CFR 1006.34(a)–(c). Checked October 22, 2026.
The 30-day dispute window
The validation period ends 30 days after you receive the notice. A collector can assume you received it five days (not counting weekends and federal holidays) after it sent it, so the end date printed on the notice is usually about five weeks after the mailing date (1006.34(b)(5)).
If you dispute in writing within that period, or ask in writing for the original creditor’s name and address, the collector must stop collecting the debt (or the disputed part) until it sends you verification or a copy of a judgment (15 U.S.C. § 1692g(b); 12 CFR 1006.38(c)–(d)). During the window it also can’t do anything that overshadows your right to dispute.
Example: a collector mails a notice on Monday, October 5, 2026. Counting five days and skipping the weekend and the Columbus Day holiday, it can assume you received it October 13, so the notice gives Thursday, November 12 as the end of your validation period. You mail a dispute on November 2. The collector must pause collection on that debt until it mails verification. If you’d waited until December, it could keep collecting while it looks into your dispute. Missing the deadline isn’t an admission that you owe the debt; the statute says a court can’t treat it that way (§ 1692g(c)).
Limits on calls and contact
| Rule | What it means | Law |
|---|---|---|
| Call frequency | A collector is presumed to violate the ban on harassing calls if it calls you about a debt more than 7 times in 7 consecutive days, or within 7 days after having a phone conversation with you about it. Calls that don’t connect, and calls you consented to in the past 7 days, don’t count | 12 CFR 1006.14(b) |
| Time of day | No contact before 8 a.m. or after 9 p.m. your local time, or at any other time it knows is inconvenient for you | § 1692c(a)(1); 1006.6(b)(1) |
| Work | No contact at work if it knows or has reason to know your employer prohibits it | § 1692c(a)(3) |
| Your lawyer | If it knows you have a lawyer for the debt, it must deal with the lawyer | § 1692c(a)(2) |
| Other people | It generally can’t discuss your debt with anyone but you, your spouse, your lawyer, the creditor and the credit bureaus | § 1692c(b), (d) |
| Email and texts | Every electronic message must tell you a simple way to opt out, and once you opt out of a channel it can’t use it | 1006.6(e); 1006.14(h) |
Sources: 15 U.S.C. § 1692c; 12 CFR 1006.6 and 1006.14. Checked October 22, 2026.
You can also tell a collector a specific time or place is inconvenient (“don’t call before noon”). Once you have, it knows that time is inconvenient, and the rule bars contact then too.
Making them stop: the cease letter
If you tell a collector in writing that you refuse to pay or want it to stop contacting you, it must stop communicating with you about that debt, except to tell you it’s ending collection, or that it or the creditor may use (or intends to use) a specific remedy, such as a lawsuit (§ 1692c(c); 1006.6(c)). A mailed letter takes effect when the collector receives it.
A cease letter stops contact; it doesn’t erase the debt, stop it from being reported, or prevent a lawsuit on a debt still within the statute of limitations. If you think you may owe it, dispute first so you get the details.
How to send a dispute or cease letter
- Use the dispute address on the validation notice, or check a box on its response form.
- Keep it short and factual. For a dispute: “I dispute this debt. Please send verification and the name and address of the original creditor. Reference: account ending 1234, your notice dated October 5.” For a cease request: “Stop all communication with me about account ending 1234.”
- Don’t admit the debt or promise payment. On older debts, that can matter (see below).
- Send it so you can prove delivery, such as certified mail with return receipt, and keep a copy.
- Log every contact afterward: date, time, number, what was said. That record is what supports a complaint or claim.
If the debt appears on your credit report and you think it’s wrong, dispute it with the bureaus too; that is a separate process under the FCRA (see how to dispute your credit report and removing collections).
Old debt: statute of limitations vs. credit reporting
Two separate clocks run on an old debt, and people often confuse them:
| Statute of limitations | Credit reporting period | |
|---|---|---|
| What it limits | How long a creditor or collector can sue you | How long the debt can appear on your credit report |
| Set by | State law (and sometimes your contract) | Federal law (FCRA) |
| Length | Varies; the CFPB says most states set 3 to 6 years, some longer. Federal student loans have none | 7 years, starting 180 days after the delinquency began, for collections and charge-offs |
| Can a payment restart it? | In some states, a partial payment or acknowledging the debt can restart the clock, even after it expired | No. It’s tied to the original delinquency date |
Sources: CFPB, “What is a statute of limitations on a debt?” (December 9, 2024); 15 U.S.C. § 1681c(a), (c). Checked October 22, 2026. State limitation periods differ by debt type; check your own state’s law.
A debt past its statute of limitations is called “time-barred.” Under Regulation F, a collector must not sue or threaten to sue you over a time-barred debt (1006.26(b)). It can still contact you and ask you to pay in most states. And if it does sue, the CFPB warns the court may still enter judgment against you if you don’t show up and raise the statute of limitations as a defense.
Example: you stopped paying a store card in early 2019. The collection should leave your credit report by about mid-2026 whatever you do. If your state’s limit is four years and payments restart it there, a $25 “good faith” payment in 2026 could give the collector a fresh window to sue, without making the item stay on your report any longer. Before paying anything on an old debt, find out your state’s rule.
Other rules worth knowing
- No surprise credit reporting. A collector can’t report a debt to a bureau until it has spoken with you about it, or mailed or electronically sent you a message and waited a reasonable time for a notice that it was undeliverable (1006.30(a)).
- No selling paid or discharged debts. A collector can’t sell or place for collection a debt it knows or should know was paid, settled or discharged in bankruptcy, with limited exceptions (1006.30(b)).
- You can sue. A collector that violates the FDCPA can owe your actual damages, up to $1,000 in additional damages, and your attorney’s fees. You must file within one year of the violation (§ 1692k).
How to complain to the CFPB
File at consumerfinance.gov/complaint (the CFPB says it usually takes under 10 minutes) or call (855) 411-2372, 9 a.m. to 6 p.m. Eastern, weekdays. Include the key dates, amounts and what was said, plus up to 50 pages of documents such as the validation notice and your call log. The CFPB sends it to the company; most respond within 15 days, and some take up to 60. You then have 60 days to give feedback. You can generally file only one complaint about the same problem, so put everything in the first one.
Dealing with a collection while rebuilding? See charge-off vs. collection for how each is reported, the removal date calculator for when it should drop off, and the credit roadmap for what to do in the meantime.
FAQ
How long do I have to dispute a debt with a collector?
Your validation period ends 30 days after you receive the validation notice, and the notice must print the exact end date. If you dispute in writing by then, the collector must stop collecting until it sends you verification or a copy of a judgment.
How many times can a debt collector call me?
Regulation F presumes a collector is harassing you if it calls about a debt more than seven times in seven consecutive days, or calls within seven days after a phone conversation with you about that debt. Calls that don't connect don't count toward the limit.
Can I make a debt collector stop contacting me?
Yes. Tell the collector in writing that you want it to stop. It must then stop communicating with you about that debt, except to say it is ending collection or that it may take or intends to take a specific action, such as filing a lawsuit.
Does paying an old debt restart the clock?
It depends on which clock. In some states, a partial payment or an acknowledgment can restart the statute of limitations for a lawsuit. It does not restart the seven-year credit reporting period, which is tied to the original delinquency date.
Can a debt collector sue me for a debt past the statute of limitations?
Regulation F says a collector must not sue or threaten to sue over a time-barred debt. If it sues anyway, you generally must appear in court and raise the statute of limitations yourself; otherwise the court may enter a judgment against you.
Does the FDCPA apply to the original creditor?
Generally no. The FDCPA covers businesses that collect debts owed to others or whose main business is collecting debts, not a creditor collecting its own debt in its own name. A creditor that collects under a name that suggests a third party is covered.
Sources
Only primary sources: statute and regulation text and CFPB pages. All checked October 22, 2026.
- 15 U.S.C. § 1692a, definitions — law.cornell.edu/uscode/text/15/1692a. “Debt” and “debt collector.”
- 15 U.S.C. § 1692c, communication in connection with debt collection — law.cornell.edu/uscode/text/15/1692c. Hours, workplace, attorney, third parties, cease letters.
- 15 U.S.C. § 1692g, validation of debts — law.cornell.edu/uscode/text/15/1692g. Pause on collection after a dispute; no admission of liability.
- 15 U.S.C. § 1692k, civil liability — law.cornell.edu/uscode/text/15/1692k. Damages and one-year deadline.
- 12 CFR 1006.6, communications in connection with debt collection — law.cornell.edu/cfr/text/12/1006.6. Inconvenient times, cease notices, electronic opt-outs.
- 12 CFR 1006.14, harassing, oppressive, or abusive conduct — law.cornell.edu/cfr/text/12/1006.14. Seven-in-seven call presumption; media opt-out.
- 12 CFR 1006.26, collection of time-barred debts — law.cornell.edu/cfr/text/12/1006.26.
- 12 CFR 1006.30, other prohibited practices — law.cornell.edu/cfr/text/12/1006.30. Credit reporting before contact; transfer of paid or discharged debts.
- 12 CFR 1006.34, notice for validation of debts — law.cornell.edu/cfr/text/12/1006.34. Required contents, timing, validation period.
- 12 CFR 1006.38, disputes and requests for original-creditor information — law.cornell.edu/cfr/text/12/1006.38.
- 15 U.S.C. § 1681c — law.cornell.edu/uscode/text/15/1681c. Seven-year reporting period and its start date.
- CFPB, “What is a statute of limitations on a debt?” December 9, 2024 — consumerfinance.gov/ask-cfpb/…-en-1389. Typical lengths, restarts, time-barred suits.
- CFPB, “Submit a complaint” — consumerfinance.gov/complaint. Phone, hours, what to include, response times.
Educational information, not legal advice. State laws may give you more protection than federal law, and statute of limitations rules vary by state; if something here no longer matches the source, tell us. · Advertiser disclosure