10 Signs a Debt Collector Is Violating Your Rights

Dealing with debt collectors can be stressful, but knowing your rights is the first step to protecting yourself. The Fair Debt Collection Practices Act (FDCPA) lays out clear rules that debt collectors must follow. However, some collectors still resort to unethical or illegal tactics. Here are 10 signs a debt collector may be violating your rights—and what you can do about it. 

1. Harassing You with Repeated Calls

If a debt collector is calling you multiple times a day to pressure you into paying, it’s considered harassment under the FDCPA. Frequent or back-to-back calls are illegal and meant to intimidate you.

What to Do:Document the frequency of calls and report the collector to theConsumer Financial Protection Bureau (CFPB).

2. Using Threatening or Abusive Language

Debt collectors cannot use threats of violence, obscene language, or insults. These tactics are explicitly prohibited by law and are a clear sign of misconduct.

What to Do:Keep a record of any abusive statements. Such behavior can be grounds for a lawsuit.

3. Contacting You at Odd Hours

The FDCPA restricts debt collectors from contacting you before 8 a.m. or after 9 p.m., unless you’ve given permission. Calls outside these hours are illegal.

What to Do:Note the time of the calls and inform the collector in writing to stop contacting you at inappropriate times.

4. Calling You at Work Despite Being Told to Stop

If you inform a debt collector that you’re not allowed to receive calls at work, they must immediately cease all work-related communication.

What to Do:Follow up your verbal request with a written notice. If they continue, they’re violating your rights.

5. Failing to Provide Debt Verification

By law, a debt collector must send you a written notice of the debt within five days of their initial contact. This notice should include the amount owed, the creditor’s name, and instructions on disputing the debt.

What to Do:If no verification is provided, send a written request. Collection activity must pause until the debt is verified.

6. Misrepresenting the Debt

Debt collectors cannot lie about the amount you owe, claim to be government officials, or pretend to be attorneys if they’re not. Misrepresentation is a common violation.

What to Do:Ask for written documentation of the debt and verify its accuracy. Keep records of any misleading claims.

7. Sharing Your Debt Information with Others

Collectors are prohibited from discussing your debt with anyone other than you, your spouse, or your attorney. Contacting friends, family, or employers about your debt is a violation of privacy.

What to Do:Inform the collector that this is against the law and report the breach to the CFPB.

8. Threatening Arrest or Legal Action Without Basis

Debt collectors cannot threaten to have you arrested or take legal action unless they actually intend to follow through and have a legal basis to do so.

What to Do:Record any threats and consult an attorney to assess whether the collector’s claims are legitimate.

9. Continuing to Contact You After a Cease-and-Desist Letter

If you send a written request asking the debt collector to stop contacting you, they must comply except to confirm receipt or inform you of a lawsuit. Continued communication after such a request is illegal.

What to Do:Send a cease-and-desist letter via certified mail and keep a copy for your records.

10. Attempting to Collect a Time-Barred Debt

Some debts have a statute of limitations, meaning they are too old to be legally enforced. Debt collectors cannot threaten you with legal action to collect on these "time-barred" debts.

What to Do:Verify the age of the debt and consult a lawyer before making any payment, as even a small payment can reset the statute of limitations.

How to Protect Yourself from Illegal Debt Collection Practices

If you recognize any of these signs, take immediate steps to protect yourself:

1. Document Everything: Keep records of all communication, including calls, letters, and emails.

2. Know Your Rights: Familiarize yourself with the FDCPA and local debt collection laws.

3. File a Complaint: Report violations to the CFPB or your state attorney general.

4. Seek Legal Help: Consult an attorney experienced in debt collection cases to explore your options.

Final Thoughts

Debt collectors must follow strict rules, and you have the right to demand fair treatment. Recognizing the signs of illegal practices is crucial to protecting yourself from harassment and abuse.

At Jackie J Consulting, we specialize in holding unethical debt collectors accountable. If you’ve experienced any of these violations, reach out to us today for expert guidance and support.

Why the CFPB Matters

The CFPB empowers consumers to take control of their financial well-being. By enforcing laws and holding companies accountable, it plays a critical role in creating a fairer financial system.

If you’re dealing with illegal debt collection practices, don’t hesitate to leverage the resources and protections offered by the CFPB. For more personalized help, consider consulting with professionals like Jackie J Consulting, who can guide you through the process of protecting your rights.