Fair Debt Collection Practices Act (FDCPA)

Harassed by a debt collector? You have a federal right to fight back.

The FDCPA controls what third-party debt collectors can and cannot do — and lets you recover statutory damages and attorney's fees when they break the rules.

Overview

What the FDCPA actually protects

The Fair Debt Collection Practices Act (FDCPA, 15 U.S.C. §1692 et seq.) applies to third-party collectors and debt buyers — the companies that call, letter, and sue when a bank, hospital, or credit-card issuer has written off the debt or sold it. It doesn't matter whether the underlying debt is real; the statute controls how the collector may collect.

Violations we regularly see

  • Repeated or harassing phone calls, calls at work after being told to stop
  • Calls before 8 a.m. or after 9 p.m.
  • Contacting you after you've said you have a lawyer
  • Threats of arrest, wage garnishment, or lawsuits the collector cannot lawfully take
  • False statements about the amount, status, or legal character of the debt
  • Trying to collect a debt that is not yours or was already paid
  • Suing on time-barred (statute-of-limitations expired) debts
  • Filing lawsuits in the wrong venue or based on defective affidavits
  • Reporting a disputed debt to the credit bureaus without noting the dispute

Maryland's added protection

Maryland consumers also have the Maryland Consumer Debt Collection Act (MCDCA) and the Maryland Consumer Protection Act (MCPA) — state statutes that can reach conduct the FDCPA doesn't, and often add remedies including actual damages, punitive damages, and attorney's fees. We regularly bring FDCPA and Maryland-law claims together.

What you can recover

The FDCPA provides actual damages, statutory damages up to $1,000 per lawsuit, and fee-shifting — collectors that lose pay your legal fees. Egregious conduct (repeated harassment, false lawsuits) supports larger settlements. Preserve every voicemail, letter, and text.

FAQ

Common debt-collection questions

A collector keeps calling after I told them I'm represented. Is that illegal?
Yes. Once you tell a collector you have a lawyer (or send a written cease-communication notice), further contact directly with you is generally prohibited by the FDCPA.
They're trying to collect a debt I already paid or that isn't mine. What now?
That is a classic FDCPA violation — false or misleading representations about the character, amount, or legal status of a debt. Preserve every letter, voicemail, and text and call us.
The collector sued me. Can I still sue them?
Often yes. Suits on time-barred debts, in the wrong venue, or based on false affidavits are all FDCPA violations, and Maryland has additional protections through the Maryland Consumer Debt Collection Act and MCPA.
Does hiring you cost anything?
No. The FDCPA is fee-shifting — successful cases result in the collector paying attorney's fees. We work on contingency.

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