💰 Solo's Debt Payoff Giveaway — Enter for a chance to win up to $4,700 to pay off your debt! 🎉                      💰 Solo's Debt Payoff Giveaway — Enter for a chance to win up to $4,700 to pay off your debt! 🎉                      💰 Solo's Debt Payoff Giveaway — Enter for a chance to win up to $4,700 to pay off your debt! 🎉
Start My Answer
loading...

What Debt Collectors Cannot Do — FDCPA Explained

George Simons | December 06, 2023

George Simons
Co-Founder of SoloSuit
George Simons, JD/MBA

George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD-MBA. In his spare time, George likes to cook, because he likes to eat.

Edited by Hannah Locklear

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Summary: If you're sued for a debt and the collector violated the FDCPA, use SoloSuit to respond in 15 minutes and win your lawsuit.

Debt collectors are known for being aggressive, rude, and even threatening in their efforts to try and get someone to repay an alleged delinquent account. It is important to understand that you do not have to put up with harassing or threatening phone calls, letters, social media posts, and so forth. In fact, you have certain protections from overly aggressive debt collectors through the Fair Debt Collection Practices Act (FDCPA). The FDCPA is a federal law enacted by Congress specifically to protect individuals from being subjected to unethical and abusive debt collection efforts. Unfortunately, despite the protections afforded under the FDCPA, some debt collectors ignore the law and use unethical tactics in the hopes that individuals remain unaware of the protections available under this federal law.

Below is an overview of certain tricks and tactics debt collectors are prohibited from using while contacting people. Knowing what a debt collector can, and cannot, do is important for many reasons, including the ability to potentially pursue compensatory damages through a civil claim if a debt collector violates the FDCPA.

Debt Collectors Cannot Harass You

Debt collectors are not allowed to harass you or your loved ones. For example, debt collectors are expressly prohibited, pursuant to the FDCPA, from engaging in these actions:

  • Threatening to harm you or members of your family physically
  • Threatening to harm you or members of your family financially
  • Using obscene or profane language during phone calls or other correspondence
  • Calling you repeatedly
  • Calling you prior to 8:00 a.m. or after 9:00 p.m. without your permission
  • Calling you at work

Debt Collectors Cannot Pretend to Work for a Government Agency

Debt collectors are prohibited from pretending to work for a government agency like the IRS, FBI, or any other agency. In addition, debt collectors are prohibited from claiming that they work for a consumer reporting agency.

Debt Collectors Cannot Threaten to Have You Arrested

Debt collection companies are prohibited from falsely claiming that you committed a crime or threaten to have you arrested if you fail to repay the amount allegedly owed.

First and foremost, debt collectors cannot issue arrest warrants or have you put in jail. Second, if someone fails to repay credit card debt, a car loan, or a medical bill is not a criminal offense.

Debt Collectors Cannot Publicly Shame or Embarass You

Debt collectors are prohibited from trying to publicly shame you into paying money that you allegedly owe. For example, they cannot publish the names of people who owe money and they cannot discuss the alleged debt with anyone other than you, your spouse, or your attorney.

Debt Collectors Cannot Attempt to Collect a Debt That You Do Not Actually Owe

It is surprisingly common for a debt collector to pursue an outstanding debt from the wrong person. This oversight happens because a creditor may have sold, or even re-sold, the debt to a collection agency, which in turn may have sold it to another collection agency. The multiple sales and transfers of debts often lead to administrative errors, including the wrong person being identified as the alleged debtor. This is why it is so important to demand Information about the alleged debt to confirm that you are the person who actually owes the debt.

Within five days of first contacting you, a debt collector is required to send you a written notice that expressly states the following:

  • The amount you owe
  • To whom you owe
  • How to make your payment.

If you aren't sure whether you owe a debt, send a letter to the collector via certified mail with a return receipt asking for more information. Make sure you do not assume any responsibility for the alleged outstanding debt. If you need assistance in drafting this type of letter, utilize the resources and information available through SoloSuit.

What is SoloSuit?

SoloSuit makes it easy to respond to a debt collection lawsuit.

How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.

Respond with SoloSuit

"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James

Get Started

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance

If you need assistance on how to best respond to a debt collection lawsuit, consider utilizing SoloSuit. What is SoloSuit? Take a moment to review these FAQs to learn more.

(How to stop receiving calls from Covington Credit)

Overview of the Protections Provided by the FDCPA

Here is a summary of the protections and rights afforded to you under the FDCPA.

  • Debt collectors cannot harass you
  • Debt collectors cannot threaten to arrest you
  • Debt collectors cannot mislead you and say they are contacting you on behalf of a federal agency
  • Never assume responsibility for the alleged amount owed
  • Make sure to request information about the alleged debt from the company to ensure you actually owe the debt.

Best of Luck!

How to Answer a Summons for debt collection in all 50 states

Here's a list of guides on how to respond to a debt collection lawsuit in each state:

The Ultimate 50 State Guide

Guides on how to resolve debt with every debt collector

Are you being sued by a debt collector? We’re making guides on how to resolve debt with each one.

Resolve your debt with your creditor

Some creditors, banks, and lenders have an internal collections department. If they come after you for a debt, Solosuit can still help you respond and resolve the debt. Here’s a list of guides on how to resolve debt with different creditors.

Settle your medical debt

Having a health challenge is stressful, but dealing medical debt on top of it is overwhelming. Here are some resources on how to manage medical debt.

Guides on arbitration

If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.

Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.

Stop calls from debt collectors

Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.

Federal debt collection laws can protect you

Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.

Get debt relief in your state

We’ve created a specialized guide on how to find debt relief in all 50 states, complete with steps to take to find relief, state-specific resources, and more.

Debt collection laws in all 50 states

Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.

Statute of limitations on debt state guides

Like all debt collection laws, the statute of limitations on debt varies by state. So, we wrote a guide on each state’s statutes. Check it out below.

Statute of Limitations on Debt Collection by State (Best Guide)

Check the status of your court case

Don’t have time to go to your local courthouse to check the status of your case? We’ve created a guide on how to check the status of your case in every state, complete with online search tools and court directories.

How to stop wage garnishment in your state

Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in all 50 states.

Other wage garnishment resources

How to settle a debt in your state

Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created a guide on how to settle your debt in all 50 states. Find out how to settle in your state with a simple click and explore other debt settlement resources below.

How to settle with every debt collector

Not sure how to negotiate a debt settlement with a debt collector? We are creating guides to help you know how to start the settlement conversation and increase your chances of coming to an agreement with every debt collector.

Other debt settlement resources

Personal loan and debt relief reviews

We give a factual review of the following debt consolidation, debt settlement, and loan organizations and companies to help you make an informed decision before you take on a debt.

How to repair and improve your credit score

Debt has a big impact on your credit. Below is a list of guides on how to repair and improve your credit, even while managing major debt.

How to resolve student loan debt

Struggling with student debt? SoloSuit’s got you covered. Below are resources on handling student loan debt.

Civil law legal definitions

You can represent yourself in court. Save yourself the time and cost of finding an attorney, and use the following resources to understand legal definitions better and how they may apply to your case.

Get answers to these FAQs on debt collection

How-to debt guides

Learn more with these additional debt resources


It only takes 15 minutes.

And 50% of our customers' cases have been dismissed in the past.


"Finding yourself on the wrong side of the law unexpectedly is kinda scary. I started researching on YouTube and found SoloSuit's channel. The videos were so helpful, easy to understand and encouraging. When I reached out to SoloSuit they were on it. Very professional, impeccably prompt. Thanks for the service!" - Heather



Get Started

Contents