Most Common FDCPA Violations, What Debt Collectors Illegally Do
The most frequently violated FDCPA provisions are harassment through repeated calls, false statements about debt amounts or legal action, and communication violations such as calling after being told to stop—and consumers can sue violators in federal court for actual damages, statutory damages up to $1,000 per violation, and attorney’s fees. According to the Consumer Financial Protection Bureau, nearly 122,000 consumers filed debt collection complaints in 2021, with harassment and false statements topping the list.
How the Law Works
The Most Frequently Violated FDCPA Provisions
The Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.) targets third-party debt collectors—companies whose main business involves collecting debts owed to others. Federal Trade Commission enforcement data consistently shows three violation categories dominate consumer complaints and litigation.
Harassment violations under 15 U.S.C. § 1692d represent over 40 percent of reported FDCPA violations according to FTC annual reports. These violations involve conduct intended to harass, oppress, or abuse consumers during collection activity. False statements under 15 U.S.C. § 1692e follow closely, accounting for misrepresentations about debt character, amount, or legal status. Communication violations under 15 U.S.C. § 1692c occur when collectors ignore cease-and-desist requests or contact restrictions.
Why these specific violations? The debt collection industry operates on volume-based strategies where collectors contact hundreds of consumers daily. Inadequate compliance training, automated calling systems that don’t properly implement time restrictions, and profit-driven collection quotas create systematic violation patterns that affect thousands of consumers.
Harassment Through Repeated Calls and Workplace Contact
Under the CFPB’s Debt Collection Rule (Regulation F), debt collectors are presumed to violate the FDCPA when they call more than seven times within a seven-day period about a particular debt, or call within seven days after having a phone conversation with you about that debt. This presumption helps define what “repeatedly or continuously” means under 15 U.S.C. § 1692d(5).
Beyond call frequency, harassment includes calling before 8 a.m. or after 9 p.m. in your time zone, calling at your workplace after being told your employer prohibits such contact, and using profane or abusive language. The law focuses on intent—courts examine whether the pattern of calls was designed to annoy, abuse, or harass you, even if the collector never actually speaks with you.
False Statements About Debt and Legal Action
The second most common violation category involves misrepresentations. According to CFPB complaint data, 81 percent of false statement complaints involve misrepresenting the debt amount—claiming you owe more than you actually do, adding unauthorized fees, or inflating balances beyond what your original agreement permitted.
Another 13 percent involve collectors falsely impersonating attorneys, law enforcement officers, or government officials. Debt collectors cannot claim they’re lawyers when they’re not, cannot threaten arrests that cannot legally happen, and cannot falsely imply that nonpayment constitutes a crime. Under 15 U.S.C. § 1692e, any false, deceptive, or misleading representation in debt collection violates federal law.
Common Scenarios
When Repeated Calls Cross Into Harassment
The CFPB’s seven-calls-in-seven-days rule provides clear guidance, but violations can occur even with fewer calls. If a collector calls you seven times in one day, all within the same hour, this pattern demonstrates harassing intent despite staying under the weekly limit. Courts consider the frequency, timing, and pattern of calls when evaluating harassment claims.
Similarly, calling your workplace repeatedly after you’ve informed the collector—either verbally or in writing—that your employer prohibits personal calls creates clear liability. Once you’ve communicated this prohibition, continued workplace calls violate 15 U.S.C. § 1692d.
Debt Collectors Misrepresenting Debt Amounts or Legal Action
Misrepresentation violations take many forms. When collectors threaten to sue you for time-barred debt—debt beyond your state’s statute of limitations—they’re making false legal threats. If they claim legal action is imminent but six, twelve, or twenty-four months pass without any lawsuit being filed, their threats were false under 15 U.S.C. § 1692e.
Collectors also violate the law by adding collection fees, interest, or charges not authorized by your original debt agreement or state law. Every dollar they attempt to collect beyond what you legally owe constitutes a separate violation.
Calling After a Consumer Says Stop
Once you send a written cease-and-desist request under 15 U.S.C. § 1692c, debt collectors must stop contacting you, with limited exceptions for confirming receipt or notifying you of specific legal action like filing a lawsuit. Ignoring this written request ranks among the most clear-cut FDCPA violations.
Similarly, if you’re represented by an attorney, collectors must communicate only with your lawyer, not directly with you. Violating this restriction by continuing to contact you creates immediate liability.
What People Get Wrong
Myth: One Call Outside Permitted Hours Isn’t Actionable
Many consumers believe a single violation isn’t enough to support a lawsuit. This is false. Under 15 U.S.C. § 1692k, each FDCPA violation is separately actionable. If a debt collector calls you once at 10:30 p.m.—outside the permitted 8 a.m. to 9 p.m. window—that single call can support a lawsuit for statutory damages up to $1,000.
While courts consider violation frequency when determining damages, you don’t need multiple violations to file a claim. One abusive call using threats, one false statement about legal action, or one call after you’ve sent a written cease-and-desist letter can each support legal action.
Myth: Debt Collectors Always Know the FDCPA Rules
Another misconception is that all debt collectors understand and intentionally comply with federal law. Industry data suggests otherwise. Many collectors receive inadequate compliance training, particularly at high-volume agencies where employee turnover is high. Automated systems may not properly implement time-zone restrictions or cease-and-desist protocols.
Debt collectors can claim a “bona fide error” defense, arguing the violation was unintentional and occurred despite procedures designed to prevent it. However, this defense is limited and doesn’t excuse systematic violations or violations resulting from negligent compliance programs.
What to Do If This Applies to You
Document Everything and Know Your Deadline
If you believe a collector violated the FDCPA, immediately begin documenting. Save all letters, emails, and text messages. Create a detailed log recording every phone call’s date, time, phone number, name of the person who called, and what was said. If possible, record calls where legally permitted in your state.
FDCPA lawsuits must be filed within one year from the violation date (15 U.S.C. § 1692k(d)). The U.S. Supreme Court clarified in Rotkiske v. Klemm that this one-year clock starts when the violation occurs, not when you discover it. Missing this deadline permanently bars your claim, regardless of how egregious the violation.
When Legal Counsel Is Beneficial
While you can file FDCPA lawsuits without an attorney, legal representation typically improves outcomes, especially for common violations that may seem minor individually but create substantial liability when systematic. Many consumer protection attorneys handle these cases on contingency—they only get paid if you win—and if successful, the debt collector must pay your attorney’s fees under 15 U.S.C. § 1692k(a)(3).
Before responding to any debt collection summons, consider consulting an attorney familiar with both FDCPA claims and debt defense strategies. Your violation claim may provide significant leverage in settlement negotiations.
Frequently Asked Questions
What is the most common FDCPA violation?
Harassment through repeated calls represents over 40 percent of FDCPA violations according to FTC enforcement data. The CFPB’s rule presumes violations when collectors call more than seven times in seven days or call within seven days after speaking with you about the debt.
How many times can a debt collector call before it’s harassment?
Under Regulation F, calling more than seven times within a seven-day period about a particular debt creates a presumption of harassment. However, even fewer calls can violate the FDCPA if the pattern, timing, or content demonstrates intent to annoy, abuse, or harass.
What should I do if a debt collector calls after I said stop?
If a collector calls after you’ve sent a written cease-and-desist request, document the call immediately—note the date, time, and what was said. This violation of 15 U.S.C. § 1692c provides grounds for a lawsuit seeking statutory damages and attorney’s fees.
Can you sue for false statements about a debt?
Yes. False statements about debt amounts, legal action, attorney involvement, or your legal rights all violate 15 U.S.C. § 1692e. You can sue for actual damages, statutory damages up to $1,000, and attorney’s fees even if the underlying debt is valid.
What evidence proves an FDCPA violation?
Strong evidence includes phone records showing call frequency and timing, recorded calls (where legal), written communications from the collector, contemporary notes documenting each contact, and documentation of any resulting harm. Screenshots of caller ID, call logs, and witness statements strengthen your case.
How much can you win for a common FDCPA violation?
Successful claims recover actual damages (documented harm like lost wages or medical expenses), statutory damages up to $1,000 per lawsuit, and attorney’s fees. Class actions involving systematic violations affecting multiple consumers may result in substantially higher total awards, with collectors facing up to $500,000 or 1 percent of their net worth.
Last Updated: January 18, 2026
Disclaimer: This article provides general information only and does not constitute legal advice.
Recognize common violations. Document everything. Understand your federal rights. If you believe a debt collector has violated the FDCPA through harassment, false statements, or ignoring your cease-and-desist request, consider consulting a consumer protection attorney to discuss your specific situation and legal options.
Stay informed, stay protected. — AllAboutLawyer.com
Citations
- Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (1978)
- Consumer Financial Protection Bureau, Debt Collection Rule (Regulation F), 12 CFR Part 1006
- Consumer Financial Protection Bureau, “What is harassment by a debt collector?” https://www.consumerfinance.gov/ask-cfpb/what-is-harassment-by-a-debt-collector-en-336/
- Federal Trade Commission, Fair Debt Collection Practices Act Text, https://www.ftc.gov/legal-library/browse/rules/fair-debt-collection-practices-act-text
- Rotkiske v. Klemm, 140 S. Ct. 355 (2019)
- CFPB Debt Collection Complaint Data (2021)
About the Author
Sarah Klein, JD, is a former consumer rights attorney who spent years helping clients with issues like unfair billing, product disputes, and debt collection practices. At All About Lawyer, she simplifies consumer protection laws so readers can defend their rights and resolve problems with confidence.
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