When you owe money, creditors have the right to collect—but debt collectors must follow strict rules about how they pursue payment. The federal Fair Debt Collection Practices Act (FDCPA) and various state laws prohibit abusive, deceptive, and unfair collection tactics. You don't lose your dignity just because you owe a debt, and collectors who cross the line can face legal consequences.
Understanding what constitutes harassment helps you recognize violations when they occur and take action to protect yourself. Many consumers endure illegal behavior simply because they don't know their rights.
What Qualifies as Debt Collection Harassment
The FDCPA prohibits specific behaviors that fall into several categories. Harassment or abuse includes threatening violence, using obscene language, repeatedly calling with intent to annoy, and publishing debtor lists. A collector cannot threaten to harm you, your property, or your reputation.
Calling repeatedly or continuously to harass you violates federal law. While no specific number of calls automatically constitutes harassment, courts consider the frequency, timing, and pattern of calls. Calling multiple times per day, calling after you've asked them to stop, or calling at unreasonable hours all support harassment claims.
False or misleading representations include lying about the amount owed, falsely implying they're attorneys or government officials, threatening actions they cannot take or don't intend to take, and misrepresenting the legal status of a debt. Collectors cannot claim you'll be arrested for debt, as consumer debt is a civil matter.
Threatening to sue when they have no intention or ability to sue is illegal. Many collectors make empty legal threats to pressure payment—this violates the FDCPA even if the underlying debt is legitimate.
Unfair Collection Practices
Unfair practices involve attempting to collect amounts not authorized by the debt agreement or law, depositing post-dated checks early, using deceptive means to collect or locate you, and communicating about your debt by postcard or with revealing envelope markings.
Collectors also violate the law by contacting you at inconvenient times. Collectors cannot call before 8 a.m. or after 9 p.m. in your time zone without your permission. They cannot contact you at work if you've told them your employer prohibits such calls.
Adding unauthorized fees, interest, or charges to your debt amount constitutes unfair collection. The collector can only collect what you legally owe under the original agreement or what state law permits.
Communication Rules Collectors Must Follow
Within five days of first contacting you, a debt collector must send a validation notice containing the amount of the debt, the creditor's name, and a statement that you have 30 days to dispute the debt. If they fail to send proper validation, that's a violation you can sue over.
When you request validation in writing within 30 days, the collector must stop collection until they verify the debt. Many collectors continue calling during validation periods—this violates your rights.
Collectors cannot discuss your debt with third parties except to locate you. They can contact others once to find your contact information but cannot reveal you owe a debt. Telling your family, employer, neighbors, or posting about your debt publicly violates privacy protections.
Documenting Harassment
If you believe a collector is violating the law, documentation is crucial for any future legal action. Keep a detailed log of every contact including date, time, caller name, company, phone number, and what was said. Note the caller's tone and any specific threats or misrepresentations.
Save all voicemails, letters, emails, and text messages. If your state permits one-party consent recording, consider recording calls. Even in two-party consent states, you can ask "May I record this call?"—collectors often hang up rather than be recorded.
Request copies of your phone records showing incoming calls from the collector. This provides independent evidence of call frequency and timing.
Your Options When Harassment Occurs
You have several ways to address collector harassment. Filing complaints with the Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC), and your state attorney general creates official records and may prompt investigation.
You can sue debt collectors for FDCPA violations and recover up to ,000 in statutory damages plus actual damages and attorney's fees. Because the law provides for attorney's fees, many consumer attorneys handle these cases with no upfront cost to you.
Sending a cease and desist letter legally stops most collection communication, though it doesn't eliminate the debt itself. The collector can still sue you for the debt but must stop calling and writing.
Getting Legal Help
Consumer protection attorneys specialize in debt collector harassment cases. Because FDCPA lawsuits allow recovery of attorney's fees from the collector, many attorneys take these cases on contingency with no out-of-pocket cost. Document everything and consult an attorney if collectors are violating your rights—you may be entitled to compensation for the harassment you've endured.